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fW'Ww-i 

PREFACE. 

The present compilation of the laws of Pennsylvania re¬ 
lating to the mining of coal is made at the suggestion of the 
managers of several large collieries, and its primary object 
is to place in the hands of mine foremen a manual for their 
guidance in, the practical working of the mines. At the 
same time it has been deemed desirable to make such a com¬ 
plete statement of the law on the subject as to render the 
volume valuable to members of the bar, and others interested 
in mining law. 

The law relating to the practical operation of coal mines 
in Pennsylvania is statutory, and of comparatively recent 
origin. The anthracite act of March 3d, 1870, was the first 
attempt at any general regulation of the operation of mines. 
The act of June 30tli, 1885, re-enacted the earlier act of 1870 
and greatly extended the scope of supervision. The bitu¬ 
minous act of June 30th, 1885, was of a similar character. 
Finally the anthracite act of June 2d, 1891, re-enacted and 
extended the earlier anthracite acts, and is the crowning re¬ 
sult of many years of experience and investigation on the 
subject. 

Notes have been added to the various statutes containing 
references to the cases in which the acts have been construed. 
A number of opinions of the Attorney-General, not hereto¬ 
fore published, are also included in the notes. These opin¬ 
ions are valuable, because they were written in reply to 
questions by mine inspectors and examiners, and have been 
relied upon as the practical construction of the various acts 
to which they refer. 

The decisions on general subjects, such as surface support, 
adverse possession, the sale and leasing of coal, have been 
collected under their appropriate heads, and the facts of each 
case and the principles involved are stated somewhat at 
length. It is hoped that this arrangement will materially 
aid counsel in preparation of briefs, especially as some of 
the cases are published in volumes of reports not readily 
accessible. 






















































' 

. 

- 

























I 

M 


































































% 




















CONTENTS. 


CONSTITUTIONAL PROVISIONS. 

Page 


1. Special laws regulating mining forbidden.. . 1 

2. Common carriers not to engage in mining. 1 

STATUTES. 

I. Anthracite Region. 2 

1. Application to the Act. 

1. Applies to collieries employing more than ten men. 2 

2. Inspectors and Inspection Districts. 

2. Eight inspection districts. 2 

3. Allotment of counties. 2 

4. Board of examiners. 3 

5. Composition of board—Power to engage clerk—Compensa¬ 

tion and mileage.:. 4 

6. Notice of examinations—Examiners to be sworn—Recom¬ 

mendations to be published. 4 

Dissolution of board on failure to agree—Appointment by 
governor—Removal.4, 5 

7. Age, citizenship and experience of inspectors. 5 


Inspector must be sworn or affirmed—Shall have modern 
instruments. 

8. Salary. 

9. Deputies. 

10. Residence of inspectors—Examination of collieries—In¬ 

quests—Reports. 

11. Readjustment of districts. 

District comprising more than one judicial district. 

12. General duties of mine inspectors. 

13. Inspectors not to be pecuniarily interested in colliery . . . 

14. Charges against inspectors—Removal—Vacancies. 

Cost of investigation. 

15. Duties as to maps. 

16. Inspectors now acting shall continue after term expires . . . 

3. Surveys , Maps and Plans. 


17. Owner shall have map made. 9 

Copy of map to be given to inspector. 10 

18. Changes to be recorded on maps. 10 

19. Maps of abandoned collieries. 11 

(v) 


COCOCOOOOOCOOO M ® CiOCt 



























VI 


CONTENTS. 


Page 

20. Neglect of owner to make map. H 

21. Correction of inaccurate maps—Owner liable for costs ... 11 

22. When Commonwealth liable for costs. 11 

23. Penalty for furnishing inaccurate map. 11 

24. Ownership and custody of maps. 12 

25. Inspector’s map open for inspection. 12 

26. Adjoining owner shall leave pillar—Duplicate surveys ... 12 

4. Shafts, Slopes, Openings and Outlets. 

27. Two outlets—Connection with seams—Cages. 13 

28. Proceedings to condemn additional opening through adjoin¬ 

ing or intervening lands. 14 

29. Appliances for escape. 15 

30. Separate traveling-way. 15 

31. Inflammable structures not to be erected. 16 

32. Top of shaft to be fenced. 22 

33. Abandoned slope to be fenced. 22 

34. Underground entrance to be fenced. 22 

35. Speaking-tubes and signals. 22 

36. Hand-rails. 23 

37. Cage, &c., to be protected. 23 

38. Main link of chain... . . . 23 

39. Ropes, &c., to be examined daily. 23 

40. Brakes to drums. 23 

41. Flanges. 23 

42. Structures to sustain pulleys. 24 

43. When pulley structures to be erected. 24 

44. Trucks. 24 

45. Buckets—Safety-hook. 24 

46. Guides for buckets. 24 

47. Casing of shaft. 24 

48. Rules as to shafts. 24 

5. Boilers and Connections, Machinery, &c. 

49. Boilers. 25 

50. Position of boilers. 25 

51. Safety-valve. 25 

52. Steam-gauges. 25 

53. Machinery to be covered—Guard rail—Temporary removal 

of fences. 26 

54. Qualifications of engineer. 26 

55. Signal apparatus. 26 

56. Oiling machinery. 26 

57. Loitering and interference. 26 

58. Offense against the act ..... .. 26 

6. Wash-houses. 

59. Provisions for wash-houses .... o ... 0 . . 27 












































CONTENTS. vii 


Page 

7. Ambulances and Stretchers. 

60. Ambulances and stretchers. 27 

61. Construction of ambulance and stretcher. 27 

62. Removal of injured persons. 28 

63. When no ambulance need be provided. 28 

64. One ambulance for two collieries. 28 

65. No ambulance required when less than twenty persons em¬ 

ployed . 28 

66. Use of railroad instead of ambulance. 29 

8. Certified Mine Foreman. 

67. Mine foreman to have certificate .. 29 

68. How certificates obtained. 29 

Form of certificate. 29 

69. Board of examiners for mine foreman. 29 

70. Certificates. 31 

71. Fees for certificates. 31 

72. Penalty for operating without a mine foreman. 31 

73. Lost certificates. 31 

74. Forged certificates—False statement in certificate. 31 

75. Experience of fire boss. 32 

9. j Employment of Boys and Females. 

76. Boys and females not to be employed in colliery. 32 

77. How age shall be determined. 32 

78. Penalty. 33 

10. Ventilation. 

79. Provision for ventilation. 33 

80. Furnaces prohibited. 33 

81. Minimum quantity of air. 33 

82. Ventilating currents. 33 

83. Abandoned parts of mine. 34 

84. Mine divided into districts. 34 

Inlet and return air-passages. 34 

85. Area of air-passages—Velocity. 34 

86. Cross-cuts to be closed. 34 

87. Doors must close automatically. 34 

88. Main doors must have attendant. 35 

89. How main doors shall be placed. 35 

90. Extra main door. 35 

91. Framework of main doors. 35 

92. Permanent air bridges. 35 

93. Air measurements. 3 ^ 

94. Report of air measurements. 35 

95. Ventilators—Recording instruments. 36 

96. Penalty. 36 










































CONTENTS. 


viii 


Page 


11. Props and Timbers. 

97. Props and timbers. 36 

98. Workmen must notify foreman. 36 

99. Failure to comply with act. 36 

12 . General Pules. 

100 . General rules. 37 

Eule 1. Mine foreman. 37 

Eule 2. Assistant foreman. 38 

Eule 3. Ventilation . 39 

Eule 4. Examination of abandoned parts of mines ... 39 

Eule 5. Mines generating gases. 39 

Eule 6 . Proof of examination. 40 

Eule 7. Stations. 40 

Eule 8 . Withdrawal of workmen when gases are found . 40 

Eule 9. Safety-lamps. 40 

Eule 10. Keys for safety-lamps—Matches. 41 

Eule 11. Blasts. 41 

Eule 12. Mine foreman to visit mines. 41 

Eule 13. Examine slopes. 41 

Eule 14. Eoofs and sides. 41 

Eule 15. Accumulation of water. 42 

Eule 16. Eiding on loaded car. 42 

Eule 17. Hoisting of persons. 42 

Eule 18. Engineer .. 42 

Eule 19. Working engine. 42 

Eule 20. Hoisting apparatus. 42 

Eule 21 . Signals. 43 

Eule 22 . Outside foreman. 44 

Eule 23. Dust in breaker. 44 

Eule 24. Ventilating current. 44 

Eule 25. Willful damage—Carrying fire. 44 

Eule 26. Explosives. 45 

Eule 27. Care of explosives. 45 

Eule 28. Handling explosives. 45 

Eule 29. Storage of explosives. 45 

Eule 30. Blasting. 45 

Eule 31. When charge misses fire. 45 

Eule 32. Match not to be shortened. 46 

Eule 33. Notice of blast. 46 

Eule 34. Examination after blast. 46 

Eule 35. Qualification of blaster . . . . •. 46 

Eule 36. Inexperienced miners not to blast. 46 

Eule 37. Eemoval of gas. 46 

Eule 38. Extinguishment of gas. 46 

Eule 39. Duties of fireman. ar 












































CONTENTS. 


IX 


Pa<5k 

Rule 40. Headman and footman .. 47 

Rule 41. Jumping on cars. 47 

Rule 42. Empty cars. 47 

Rule 43. Passage-ways—Safety holes. 47 

Rule 44. Speed of locomotives. 47 

Rule 45. Locomotives prohibited in certain passages ... 48 

Rule 46. Coupling cars.. 48 

Rule 47. Gravity roads. 48 

Rule 48. Suitable persons to run cars. 48 

Rule 49. Safety holes. 48 

Rule 50. Safety blocks. 48 

Rule 51. When travel on gravity train prohibited .... 48 

Rule 52. Bumpers. 49 

Rule 53. Heating of breakers. . 49 

Rule 54. Posting of rules. 49 

Rule 55. Cutting of props prohibited. 49 

Rule 56. Employes in mine evolving gas. 49 

Rule 57. Penalty for not giving car to number of men . . 49 

Rule 58. Penalty. 49 

13. Inquests. 

101. Inspector to be notified of loss of life. 50 

102. Duties of inspector in case of accident. 50 

103. Coroner shall adjourn inquest if inspector is not present . 50 

104. Notice of inquest. 51 

105. Coroner to notify inspector in case of neglect. 51 

106. Qualifications of jurors. 51 

14. Returns, Notices, &c. 

107. Notice of death. 51 

108. When owner shall give notice to inspector. 51 

109. Annual report by owner. 52 

15. Injunctions. 

110. When court will restrain working of mine. 52 

16. Arbitration. 

111. When arbitration may be had. 53 

17. Penalties. 

112. On complaint of citizens. 53 

113. Appeals. 54 

114. Nothing in the act a bar to indictment. 54 

115. Offenses under this act misdemeanors. 55 

116. Violation of act by mine inspector. 55 

117. Disposition of fines. 55 

118. Conviction or acquittal not evidence in action for damages . 55 

119. Right of action for damages. 55 





































X 


CONTENTS. 


Pa«e 

18. Definition of Terms. 

120. “ Coal mine or colliery ”. 56 

121. “ Workings ”. 56 

122. “ Mine ”. 56 

123. “ Shaft ”. 56 

124. “Slope”. 56 

125. “ Breaker ”. 56 

126. “Owners,” “Operators,” “Contractors”. 56 

127. “Superintendent”. 57 

19. Examination of Miners. 

128. Who may be employed as miners. 57 

129. Miners examining boards—Term of service—Compensation, 57 

Organization. 57 

Members to be sworn. 58 

Vacancies. 58 

130. Place of meeting—Registration. 58 

131. Fees for registration—Reports. 59 

132. Duties of boards—Certificates. 59 

133. Miners must have certificates—Penalties for violation of act, 60 

134. Registration without examination. 60 

135. Enforcement of act. 61 

20. Clerks. 

136. Appointment of clerks of mining districts. 61 

137. Inspectors to make returns to clerks. 61 

138. Records. 61 

139. Offices ,. 62 

140. Removal. 62 

141. Qualifications. 62 

142. Qualifications . 62 

II. Bituminous Region. 63 

1. Maps and Plans. m 

1. Maps—Kept at mine—Progress of work noted—Inspectors’ 

reports—Maps property of the State—Copies—Expense of 
making maps. 63 

2. Ingress and Egress. 

2. Mine must have two openings. 65 

3. Second opening—Operation of shafts and slopes—Stairs - 

Signals—Brakes—Chains. 65 

3. Ventilation. 

4. Quantity of air—Fire damp—Examination by fire boss ... 68 

5. Mining boss—Duties of—Loose coal—Props—Drainage—Cut- 

throughs -Holes—Air currents.. . 69 

Notice to owners—Safety-lamps—Doors—Bore holes—Visits— 
Printed rules. 70 

































CONTENTS. XI 


Page 

6 . Machinery to be fenced—Injury to machinery—Traveling¬ 

way . 71 

4. Openings on Adjoining Lands. 

7. Proceedings to condemn openings. 71 

5. Mine Inspectors 

8 . Board of examiners. 72 

Appointment of inspectors. 74 

Salaries and expenses. 75 

9. Bonds. 76 

10. Duties of inspectors. 76 

11. Inspectors may enter mines at all times—Notice to owners— 

Costs—Injunction. 76 

12 . Notice in case of accident to inspector or coroner. 77 

13. Removal for cause. 78 

14. Appeal from inspector to quarter sessions. 78 

6 . Mining boss. 

15. Examining board for mining boss certificates. 79 

7. Boys and Females. 

16. Boys and females not to be employed .. 81 

8 . Liability of Owners. 

17. Liability for injury. 82 

9. Stretchers. 

18. Stretchers. 83 

10 Reports. 

19. Reports of inspectors. 83 

20. Reports of owners. 83 

11. Penalties. 

21. Penalties. 83 

12 . Application of Act. 

22. Act not to apply to certain mines. 84 

III. Bodies Entombed. 84 

IV. Inspectors’ Reports. 85 

V. Female Labor. 85 

VI. Protection of Mines. 86 

1 . Malicious injuries. 86 

2. Penalties for illegal mining. 86 

3. Waste. 87 

VII. Drainage. 87 

1. Extension of drains on another’s property ; procedure ... 87 

2. Certain sections of the road law extended to drainage cases . 88 

3. Report of viewers—Construction of drains—Application of 

the act to certain counties only. 89 
































Xll 


CONTENTS. 


Page 

4 . Extended to coal lands of Allegheny County. 89 

5. Extended to coal lands of AVestmoreland County. 89 

VIII. Underground Ways. 90 

1. Condemnation of way to coal mines. 90 

2 . Roads partly over and under surface. 90 

3. Roads under rivers. ... • 90 

4. Width of road. 91 

5. Proceedings to condemn. 91 

6 . Appeals. 93 

7. Fees; abandonment of proceedings. 93 

8 . Notice. 94 

9. Underground lateral railroads. 94 

10. Lateral railroads. 94 

IX. Warrants for Coal Under River Beds. 95 

1. Warrants for river beds.. . 95 

2. Rights in the warrantee to dig coal—Provisos. 95 

3. Patents. 96 

X. Wages. 97 

1. Preferences and Liens. 

1 . Certain employes given a lien for wages—Claim to be filed . . 97 

2. Notice of claim. 97 

3. Preference in cases of death, insolvency or assignment . 98 

4. Mortgages, &c., not to impair lien—Proviso. 99 

5. Appeals . 99 

G. Wages preferred to coal lease mortgages. 99 

7. Lien for labor and service—Provisos.100 

8 . Preferences in cases of assignment in certain counties . . . 100 

9. Preferences in cases of death in certain counties.101 

10. Preferences in cases of execution in certain counties .... 101 

2 . Time and Manner of Payment. 

11. Time and manner of payment—Penalties.102 

12 . Assignments of future wages invalid—Agreements to waive 

act invalid.102 

3. Basis of Payment in Anthracite Region. 

13. Payment in anthracite region—Weighmaster—Provisos . . 102 

4. Method of Payment in Bituminous Region. 

14. Payment in bituminous region—Weight of bushel—Ton . . 104 

15. Cars to be uniform and branded—Penalties—Application of 

the act.105 

16. Check-weighman.106 

17. Weight of bushel—Ton.108 

18. Penalties.108 


































CONTENTS. 


Xlll 


Page 

5. Payment for all Cleaned Coal. 

19. Payment for cleaned coal after removal of refuse.108 

20. Penalties.108 

6 . Payment by Orders. 

21. Method of payment of wages in certain occupations .... 109 

22. Payments once a month—Employ^ may assign wages . . . 109 

23. Orders.'. . ..~.109 

24. Employers owning stores not to discriminate against employes 

in sales.110 

25. Penalty for non-payment of wages or orders within twenty 

days—Laborer not to lose lien.110 

7. Stores. 

26. Mining and manufacturing companies forbidden to carrry on 

stores.Ill 

27. Stores not to be indirectly controlled by companies . . . . Ill 

28. Penalties.112 

XI. Voluntary Tribunals of Conciliation.112 

1. Establishment of voluntary tribunals.112 

2. Petition for establishment of tribunal—Who shall sign peti¬ 

tion . 113 

3. Qualifications of signers.113 

4. License.113 

5. When license granted or refused.114 

6 . Jurisdiction of tribunals—Vacancies.114 

7. Composition and organization of tribunal.115 

8 . Expenses. 115 

9. Practice.115 

10. Umpire—Award ..116 

11. Name of act.117 

12. Form of petition .117 

13. Form of license.118 

14. Forms of submission and award.119 

XII. Mortgages.119 

1. Mortgages on rentals or royalties authorized.119 

2. Recording .120 

3. Lien.120 

4. Default—Assumpsit—Attachment .120 

5 . Mortgage of coal leases in Schuylkill County.121 

6 . Recording.121 

7 . When mortgage not valid against creditors—Statement . . . 121 

8 . Copy as evidence—Limitations.122 

9. Record as evidence—Limitations.122 

10. Acknowledgment, &c.122 

11. Fees.123 






































XIV 


CONTENTS. 


Page 

12. Repeal of portions of prior act.123 

13. Lien as affected by judicial sale.123 

14. Mortgage of leasehold.123 

15. Mining companies’ mortgages.124 

16. Equity jurisdiction as to mining companies’ mortgages . . . 125 

17. Jurisdiction not affected by situation of property.125 

XIII. Equity Jurisdiction.125 

1. Accounting between tenants in common of mineral lands . 125 

2. Jurisdiction of equity to ascertain rights of tenants in common 127 

3. Appeals.127 

XIV. Partition of Mineral Lands in Luzerne County . . 128 

1 . Partition of coal lands in Luzerne County—Procedure . . . 128 

2 . Manner of allotment.129 

XV. Execution Against Mineral Lands.130 

Extension of mineral lands by inquest.130 

XVI. Mining- Companies under the Act of April 21st, 

1854, and Supplements . 130 

1 . Organization—Certificates—Recording—Fees.130 

2 . Corporate powers—Limitation.131 

3. Capital stock.132 

4. Officers—By-laws.132 

5. Liabilities of stockholders.133 

6 . Division of land into shares—Reduction of capital stock . . 133 

7. When letters patent may issue.133 

8 . Shares to be personal property.134 

9. Companies may engage in mining, &c.—Liabilities—Returns 

—Capital stock.134 

10. Limitation as to amount of debt.135 

11. Liabilities of stockholders for debt.135 

12. Applies to leaseholds.135 

13. Act of April 7th, 1858, extended—Executors may sell lands 

to company. 135 

14. Extension of corporate existence—Increase of capital stock . 136 

15. Increase of capital stock—Notice of meetings.137 

16. Increase of capital stock—Organization of meeting.137 

17. Division of land into shares—Capital stock.138 

18. Amount of land which may be held by companies not incor¬ 

porated by this State.138 

19. Other real and personal property may be held.138 

20. Powers of directors to sell lands.138 

21 . Application of proceeds of sale of lands—Reduction of capital 

stock . . . .. 139 

22. Number of directors.139 




































CONTENTS. 


XV 


Page 


23. Application of the act to various estates.139 

24. Vesting of title in company.140 

25. Correction of errors in incorporation.140 

26. Extension of corporate existence.140 

27. Division of lands—Capital stock.141 

28. Additional lands—Capital stock.141 

29. Meetings.141 

30. Company may borrow money.142 

31. Company may lease lands . ..142 

32. Special stock authorized.142 

33. Bonds may be sold for less than par.143 

34. Borrowing money.143 

35. Tax on capital stock.143 

36. Certificate of stock must be produced at elections.144 

37. Certain acts extended to mining companies.144 

38. Merger and consolidation.144 

39. Consolidation authorized if majority of directors agree . . . 144 

40. Consolidation in Schuylkill and Luzerne Counties.145 

41. Effect of consolidation in Schuylkill and Luzerne Counties . 145 

42. Certain act extended to mining companies.145 

43. Duties of treasurer.145 

44. Increase of capital stock. 146 

45. Lands discharged of dower.146 

46. Act of April 12th, 1867, extended.147 

47. Sale of franchises and reorganization by purchasers .... 147 

DECISIONS. 

I. Surface Support.149 

(a.) The general principle stated and illustrated.149 

(6.) There is no custom which permits owner to remove 

support.153 

(c.) The right to support may be waived in the deed . . . 156 
(d.) Release of support as affecting the right of eminent 

domain .158 

II. Title to Coal by Adverse Possession.160 

III. Sale or Lease.163 

(a.) Cases in which the instrument has been construed a sale . 163 
(6.) Cases in which the instrument has been construed a 

lease. .169 

IV. Taxation.172 

V. Relations of Owners of Different Levels.175 

VI. Boundaries.177 

VII. Refuse.179 





































XVI 


CONTENTS. 


Page 

VIII. Destruction of Springs.180 

IX. Pollution of Streams.180 

X. Royalties as Income or Principal.182 

XI. Rights of Life Tenant.183 

XII. Particular Peases Construed.184 

(a.) Payment of rents or royalties. 184 

(b.) Right of ingress and egress.. . 186 

(c.) Miscellaneous.187 














OASES CITED. 


Page 

Acton vs. Blundell, 12 INI. & W., 324 . 180 

Interception of water. 

Alden’s Appeal, 93 Pa., 182.. . . . 127 

Equity jurisdiction. 

Armstrong vs. Caldwell, 53 Pa., 284 .’.160 

Adverse possession. 

Ashman vs. Wigton, 20 W. N. C., 280 .. 163 

Adverse possession. 

Ashman vs. Wigton, 20 W. N. C., 280 . 179 

Boundaries. 

Barnes vs. Berwind, 3 Pennypacker, 340 . 151 

Surface support. 

Barnes vs. Manson, 1 M. & Slew., 77.. „ . . . . . . . 161 

Adverse possession. 

Bestwick vs. Ormsby Coal Co., 129 Pa., 592 . 186 

Mining lease. 

Blackett vs. Bradley, 1 B. & S., 940 .. 156 

Surface support. 

Blair Iron Coal Co. vs. Lloyd, 1 Walk., 158.179 

Boundaries. 

Blewitt vs. McDonald, 1 Lackawanna Jurist, 105. 7 

Jurisdiction of mine inspector. 

Blewitt vs. Smith, 4 C. P., 1. 22 

Operation of mines—Erection of breaker. 

Bridge Co. vs. Newberry, 96 Pa., 246... 82 

Mine boss fellow-servant of miner. 

Broadbent vs. Wilks, Willes, 360 ... . 155 

Surface support. 

Brown vs. O’Brien, 3 Clark, 93. 87 

Waste. 

Buhl vs. Thompson, 3 Pennypacker, 267 .. 185 

Mining lease. 

Building Association vs. Bolster, 92 Pa., 123.124 

Mortgages. 

Caldwell vs. Copeland, 37 Pa., 427 . 161,162 

Adverse possession. 

Caldwell vs. Fulton, 31 Pa., 475 .. 163 

Sale of coal. 

Cambria Iron Co. vs. Shaffer, 8 Atl. Kep., 204. 16 

Operation of mines—Man-way. 

Canal Co. vs. Carroll, 89 Pa., 374 . 82 

, Mine boss fellow-servant of miner. 

Carlin vs. Chappel, 101 Pa., 348 . 151 

Surface support. 

Chatham vs. Williamson, 4 East, 476 .. . .... . . 162 

Adverse possession. 

Coal Co. vs. Biddle, 18 W. N. C., 108.. 82 

Mine boss fellow-servant of miner. 


(xvii) 























XV111 


CASES CITED. 


Page 

Coal Co. vs. Hayes, 128 Pa., 294 . 68 

Duty to furnish proper machinery. 

Coke vs. Roby, 115 Pa., 3G4. 82 

Mine boss fellow-servant of miner. 

Coleman’s Appeal, 62 Pa., 252 . 126 

Equity jurisdiction. 

Coleman vs. Chadwick, 80 Pa., 81.150 

Surface support. 

Coleman vs. Coleman, 19 Pa., 110.126 

Equity jurisdiction. 

Collins vs. Chartiers V.Gas Co., 131 Pa., 143; 139Pa., Ill.182 

Pollution of streams. 

Comyn vs. Wheatly, Cro. Jac., 150.164 

Sale of coal. 

Com. vs. Blewitt, 1 Luz. Leg. Reg., 341 ..14, 65 

Operation of mines—Ventilation. 

Com. vs. Bonnell, 8Phila., 534 . 2,18 

Mining acts constitutional. 

Com. vs. Coonrood, 3 Ivulp, 381 ... 33, 40 

Ventilation. 

Com. vs. Hutchison, 4 Pa. C. C. Rep., 18 . 33, 34, 39 

Ventilation. 

Com. vs. Kingston Coal Co., 6 Kulp, 241. 16 

Anthracite act constitutional—Inflammable structures. 

Com. vs. Reynolds, 1 Kulp, 218.33,35, 39 

Ventilation. 

Com. vs. Richmond, 2 C. P., 189 . 36, 70 

Props and timbers. 

Com. vs. Smith, 4 C. P. Rep., 1. 20 

Operation of mines—Erection of breakers. 

Com. vs. Tompkins, 1 Luz. Leg. Reg., 341.2,18 

Mining acts constitutional. 

Com. vs. Wallick, 6 Kulp, 11... 59 

False certificates. 

Com. vs. Wilkesbarre Coal Co., 29 Leg. Int., 213 ..13, 65 

Operation of mines—Second outlet. 

Correll vs. Freidensville Zinc Co., 2 Northampton, 309 . 179 

Refuse. 

Crompton vs. Lea, L. R., 19 Eq., 115.181 

Flow of water. 

Cullen vs. Rich, Bull, N. P., 102.162 

Adverse possession. 

Davis vs. Maxwell, 5 Kulp, 351.137 

Mining lease. 

Del. Lack. & Western R. R. Co. vs. Sanderson, 109 Pa., 583 . 169 

Sale of coal. 

Del. Lack. & W. R. R. Co. vs. Sanderson, 109 Pa., 583 . 173 

Taxation. 

Doster vs. Zinc Co., 140 Pa., 147.179 

Refuse. 

Douty vs. Bird, 60 Pa., 48..175 

Flow of water. 

Drew vs. Coal Co., 3 Cent. Rep., 389 . 68 

Duty to furnish proper machinery. 
































CASES CITED. 


XIX 


Page 

Duffs Appeal, 21 W. N. C., 491.182 

Royalties. 

Duncan vs. Iron Works, 26 W. N. C., 479 . 127 

Equity jurisdiction. 

Dunham ys. Haggarty, 110 Pa., 560 . 188 

Mining lease. 

Eley’s Appeal, 103 Pa., 300 . 182,188 

Royalties. 

Erwin’s Appeal, 20 W. N. C., 278 . 179 

Refuse. 

Fairchild vs. Fairchild, 9 Atl. Rep., 255 . 169 

Sale of coal. 

Fairchild vs. Furnace Co., 128 P. S., 485 . 169 

Sale of coal. 

Farmers’ Bank’s Appeal, 1 Walk., 33. 97 

Wages. 

Farmers’ Bank’s Appeal, 1 Walk., 33.121 

Mortgages. 

Freck vs. Locust Mountain Coal & Iron Co., 86 Pa., 318.177 

Boundaries. 

Frisbie Coal Co. vs. Brennan, 1 Lackawanna Jurist, 417. 87 

Waste. 

Garman rs. Potts, 135 Pa., 506 .. 184 

Mining lease. 

Glasgow rs. The Hurlet Alum Co., 8 Eng. Law & Eq., 13.149 

Surface support. 

Godcharles & Co. vs. Wigeman, 113 Pa., 431.109 

Wages. 

Grassy Island Coal Co. vs. The Hillside Coal and Iron Co., 1 Lack. 

Jurist, 297 . 87 

Waste. 

Greenough’s Appeal, 9 Pa., 18.172 

Lease of coal. 

Griffin vs. Fellows, 32 P. F. Smith, 114. 87 

Waste. 

Griffin vs. Fellows, 32 P. F. Smith, 114.183 

Rights of life tenant. 

Grubb’s Appeal, 90 Pa., 229 . 127 

Equity jurisdiction. 

Grubb tw. Grubb, 12 L. Bar., 198.127 

Equity jurisdiction. 

Gumbert vs. Kilgore, 1 Cent., 406 . 153,180 

Surface support. 

Guth’s Appeal, 2 Cent. Rep., 767 . 184 

Mining lease. 


Operation of mines—Second outlet. 

Haldeman vs. Bruckhart, 45 Pa., 514.180 

Interception of water. 

Hamilton vs. Mulley, 1 Lack. Jur., 156. 99 

Wages. 

Harlan rs. Lehigh Coal & Nav. Co., 35 Pa., 287 . 172 

Lease of coal. 






























XX 


CASES CITED. 


Page 

Harris vs. Ryding, 5 M. & W.149, 154 

Surface support. 

Heckscher vs. Shaefer, 12 Cent. Rep., 444 . 153 

Surface support. 

Heckscher vs. Shaefer, 17 W. N. C., 323 . 174 

Taxation. 

Heilman vs. Weiman, 139 Pa., 143.188 

Mining lease. 

Hill vs. Del. & Hudson Can. Co., 2 Cent., 786 . 187 

Mining lease. 

Hilton vs. Lord Granville, 5 Ad. & El. (N. S.), 701 . ..155 

Surface support. 

Hock vs. Bass, 133 Pa., 328 .. 186 

Mining lease. 

Hopes’ Appeal, 33 P. L. J., 270 . 169 

Sale of coal. 

Honor vs. Albrighton, 93 Pa., 475 . 22 

Operation of mines—Negligence. 

Horner vs. Watson, 97 Pa., 242 . 153 

Surface support. 

Hosie vs. Gray, 71 Pa., 198.124 

Mortgages. 

Humphries vs. Brogden, 1 Eng. Law & Eq., 251 . 149,156 

Surface support. 

Irwin vs. Covode, 24 Pa., 162.183 

Rights of life tenant. 

Jones vs. Strong, 5 Kulp, 7.182 

Royalties. 

Jones vs. Wagner, 66 Pa., 429 . 149,154,159, 176 

Surface support. 

Kaufman vs. Greisener, 26 Pa., 407 . . •.176 

Flow of water. 

Keeling vs. Griffin, 56 Pa., 305 . 94 

Underground ways. 

Kier vs. Peterson, 41 Pa., 357 . 183 

Rights of life tenant. 

Kille vs. Reading Iron Works, 47 Leg. Int., 464 '.187 

Mining lease. 

Ladley vs. Creighton, 70 Pa., 490 . 124 

Mortgages. 

Lawrence’s Appeal, 78 Pa., 365 . 189 

Mining lease. 

Lazarus Estate, 6 Kulp, 53.170 

Lease of coal. 

Lillibridge vs. Lackawanna Coal Co., Limited.. . 166 

Sale of coal. 

Little Schuylkill Navigation, Railroad & Coal Co. vs. Tamaqua, 1 

Walk., 468 . 153 

Surface support. 

Long vs. Trexler, 8 Atl. Rep., 620 . 181 

Pollution of streams. 

Lowry vs. Hay, 2 Walk., 239 . 152 

Surface support. 






























CASES CITED. 


XXI 


Page 

Malitsky’s Petition, 6 Kulp, 6. 84 

Entombed bodies. 

Martin rs. Riddle, 26 Pa., 415.176 

Flow of water. 

McClintock vs. Dana, 106 Pa., 386 . 182 

Royalties. 

McCracken vs. Gumbert, 131 Pa., 36.186 

Mining lease. 

McDonald vs. Rockhill Iron and Coal Company, 135 Pa., 1 . . . . 43, 47 
Negligence. 

McGregor vs. Equitable Gas Co., 27 W. N. C., 197.159 

Surface support. 

McKnight vs. Ratcliff, 44 Pa., 156..175 

Flow of water. 

McManaman vs. Hanover Coal Co., 6 Kulp, 181.102 

Wages. 

Miles vs. Canal Co., 140 Pa., 623 . 174 

Taxation. 

Miller vs. Slate Co., 129 P. S., 81.185 

Mining lease. 

Montooth vs. Gamble, 123 Pa., 240 . 168 

Sale of coal. 

Moore vs. Miller, 8 Pa., 172.172 

Lease of coal. 

Mullarky vs. Coal and Iron Co., 2 Law Times (N. S.), 225 . 82 

Mine boss fellow-servant of miner. 

Neel’s Appeal, 3 Pennypacker, 66.127 

Equity jurisdiction. 

Neel vs. Neel, 19 Pa., 323 . 87 

Waste. 

Neel vs. Neel, 19 Pa., 323 ... 183 

Rights of life tenant. 

Neeld’s Road, 1 Pa., 352 . 90 

Underground ways. 

Nelson vs. Hoch, 36 Leg. Int., 215; 1 Leg. Rec., 187.151,152 

Surface support. 

Oram’s Estate, 5 Kulp, 423 . 169 

Lease of coal. 

Palmer vs. Edwards, 1 Doug., 187.166 

Sale of coal. 

Phila. & Reading Coal & Iron Co. vs. Taylor, 5 Leg. Gaz., 392; S. C., 1 

Leg. Chron., 361 . 175,177 

Duties of owners of different levels. 

Penna. Coal Co. vs. Versailles Gas Co., 131 Pa., 522 .. . 158,160 

Surface support. 

Penna. Coal Co. vs. Sanderson, 113 Pa., 126..180 

Pollution of streams. 

Phoenix Iron Co. vs. Lewis, 7 Cent., 515.163 

Adverse possession. 

Providence Trustees’ Appeal, 2 Walk., 37...187 

Mining lease. 

Rankin’s Appeal, 1 Mona, 308 . 186 

Mining lease. 



























XXII 


CASES CITED. 


Pagb 

Reading, &c., R. Co. vs. Balthaser, 119 Pa., 472 . 159 

Surface support. 

Reed’s Appeal, 7 Atl. Rep., 174 . 127,188 

Equity jurisdiction. 

Reese vs. Biddle, 112 Pa., 72. 82 

Mine boss fellow-servant of miner. 

Rich vs. Johnson, 2 Strange, 1142.162 

Adverse possession. 

Righter vs. Hamilton, 10 Pa. Co. Ct. Rep., 260 . 87 

Waste. 

Roberts’ Appeal, 60 Pa., 400 . 131 

Mining companies. 

Robotham vs. Wilson, 8 H. L. Ca., 348 . 149 

Surface support. 

Row vs. Haddock, 3 Kulp, 501 ..109 

"Wages. 

Sanderson vs. City of Scranton, 105 Pa., 469 . 165,173 

Sale of coal—Taxation. 

Scranton vs. Phillips, 54 Pa., 15.157,166 

Surface support. 

Seaman vs. Vandrey, 16 Yes., 390 . 161 

Adverse possession. 

Searle vs. Railroad Co., 33 Pa., 57.. 159 

Surface support. 

Shoemaker’s Appeal, 106 Pa., 392 . 182 

Royalties. 

Smith vs. Kendrick, 7 Manning Grag. & Scott, 62 Eng. C. L., 564 175,181 
Duties of owners of different levels. 

Smith vs. Lloyd, 9 Exch., 562 . 161 

Adverse possession. 

Southwest Coal & Coke Co. vs. "Warden, 1 Atl. Rep., 421.185 

Mining lease. 

Stockwell vs. McHenry, 15 W. N. C., 323 . 131 

Mining companies. 

Sturtevant’s Appeal, 34 Pa., 149.124 

Mortgages. 

Thomas vs. Hendrick, 1 Kulp, 281..188 

Mining lease. 

Thompson vs. Coal Co., 1 Luz. L. Obs., 25.151 

Surface support. 

Trout vs. McDonald, 83 Pa., 144.172 

Lease of coal. 

Trout vs. McDonald, 83 Pa., 144.180 

Destruction of springs. 

Turner vs. Reynolds, 23 Pa., 199.164 

Sale of coal. 

Tymnith vs. Wynne, 2 Barn. & Aid., 554 . 162 

Adverse possession. 

Waddell’s Appeal, 84 Pa., 90 . 15,90,91 

Act for condemning way under rivers unconstitutional. 

Waddell vs. Simson, 112 Pa., 567 . 82 

Mine boss fellow-servant of driver-boy. 

Weakland vs. Cunningham, 7 Atl. Rep., 148.187 

Mining lease. 




























CASES CITED. 


XX111 


Page 

Welsh vs. Lehigh & Wilkesbarre Coal Co., 3 Cent. Rep., 386 ... 33, 34 
Ventilation. 

Wentz’s Appeal, 106 Pa., 302 . 182 

Royalties. 

West Cumberland Iron Co. vs. Kenyon, 11 L. R., 6 Ch. Div., 773 . . 181 
Duties of adjoining owners. 

Westmoreland Coal Co.’s Appeal, 85 Pa., 344 . 87,183 

Waste. 

Wheatley vs. Baugh, 27 Pa., 528 . 180 

Interception of water. 

Wilkinson vs. Proud, 11 M. & W., 33.162 

Adverse possession. 

Williams vs. Hay, 120 Pa., 485 . 152 

Surface support. 

Wilson vs. Waddell, L. R., 2 Appeal Cas., 95. 181 

Flow of water. 

Woodward vs. Del. Lack. & W. R. R. Co., 121 Pa., 344 . 173 

Taxation. 












CONSTITUTIONAL PROVISIONS. 

1. Special laws regulating mining forbidden.—The 

General Assembly shall not pass any local or special law 
regulating labor, trade, mining or manufacturing.* 

2. Common carriers not to engage in mining.— 
No incorporated company, doing the business of a com¬ 
mon carrier, shall directly or indirectly, prosecute or en¬ 
gage in mining or manufacturing articles, for transportation 
over its works; nor shall such company, directly or indi¬ 
rectly, engage in any other business than that of common 
carriers, or hold or acquire lands, freehold or leasehold, di¬ 
rectly or indirectly, except such as shall be necessary for 
carrying on its business; but any mining or manufacturing 
company may carry the products of its mines and manufac¬ 
tories on its railroad or canal, not exceeding fifty miles in 
length, t 


Constitution of 1874, art. 3, sec. 7. 
Constitution of 1874, art. 3, sec. 5. 




STATUTES. 


I. ANTHRACITE REGION. 

1. APPLICATION OF THE ACT* 

1. Applies to collieries employing more than ten 
men.—This act shall apply to every anthracite coal mine 
or colliery in the Commonwealth, provided the said mine or 
colliery employs more than ten persons.! 

2. INSPECTORS AND INSPECTION DISTRICTS. 

2. Eight inspection districts.—The counties of Sus¬ 
quehanna, Wayne, Luzerne, Lackawanna, Carbon, Schuyl¬ 
kill, Northumberland, Columbia, Lebanon, and Dauphin, or 
so much of them as may be included under the provisions 
of this act,- shall be divided into eight inspection districts, 
as follows :—t 

3. Allotment of counties.— First .—All that portion of 
the Lackawanna coal field lying northeast of East and West 
Market Streets in the city of Scranton, and of Slocum and 
Drinker Streets in the borough of Dunmore, including the 
coal fields of Susquehanna and Wayne Counties. 

Second .—That portion of the Lackawanna coal field in 
Lackawanna County lying southwest of East and West 
Market Streets in the city of Scranton and west of Slocum 
and Drinker Streets in the borough of Dunmore. 

Third .—That portion of the Wyoming coal field situated 
in Luzerne County, east of and including Plains and Kings¬ 
ton Townships. 


*The act of June 2d, 1891, P. L., 176-208, is entitled “ An act to pro¬ 
vide for the health and safety of persons employed in and about the 
anthracite coal mines of Pennsylvania, and for the protection and pres¬ 
ervation of property connected therewith” It incorporates the principal 
provisions of the act of March 3d, 1870, P. L., 3, and June 30th, 1885, P. L., 
218. Art. XIV. provides that “ All laws or parts of laws inconsistent or 
in conflict with the provisions of this act are hereby repealed.” 

The act is a constitutional exercise of the police powers of the State. 
Com. vs. Bonnell, 8 Phila., 534; Com. vs. Tompkins, 1 Luz. Leg. Reg., 341; 
Haddock vs. Com., 103 Pa., 243. 

fAct of June 2d, 1891, art. 1, sec. 1, P. L., 176. 

JAct of June 2d, 1891, art. 2, sec. 1, P. L., 176. 

(2) 



STATUTES—ANTHRACITE REGION. 


3 


Fourth .—The remaining portion of the Wyoming coal 
field west of Plains and Kingston Townships, including the 
city of Wilkesbarre and the boroughs of Kingston and Ed- 
wardsville. 

Fifth .—That part of Luzerne County lying south of the 
Wyoming coal field together with Carbon County. 

Sixth .—That part of the Schuylkill coal field in Schuylkill 
County lying north of the Broad Mountain and east of a me¬ 
ridian line through the centre of the borough of Girardville. 

Seventh .—That part of the Schuylkill coal field in Schuyl¬ 
kill County lying north of the Broad Mountain and west of 
a meridian line through the centre of the borough of 
Girardville, together with Columbia, Northumberland, and 
Dauphin Counties. 

Eighth .—All that part of the Schuylkill coal field in 
Schuylkill County lying south of the Mahanoy Valley and 
the county of Lebanon.* 

4. Board of examiners.—In order to fill any vacancy 
that may occur in the office of inspector of mines by reason 
of expiration of term, resignation, removal for cause or 
from any other reason whatever, the judges of the court of 
Lackawanna County shall appoint an examining board for 
the counties of Susquehanna, Wayne and Lackawanna, 
and the judges of the court of Luzerne County shall ap¬ 
point an examining board for the counties of Sullivan, Car¬ 
bon, and Luzerne, and the judges of Schuylkill County shall 
appoint an examining board for the counties of Schuylkill, 
Northumberland, Lebanon, Columbia and Dauphin.t 


*Act of June 2d, 1891, art. 2, sec. 2, P. L., 176. 

tAct of June 2d, 1891, art. 2, sec. 3, P. L., 176. 

On July 7th, 1891, the Deputy Attorney-General, Stranahan, in reply 
to a chairman of a board of examiners, said :— 

“I have received your letter of July 2d, 1891, inquiring as to your 
duties under the act approved June 2d, 1891, in reference to the anthra¬ 
cite mines of Pennsylvania. 

“The act of 1891 does not seem to have provided for the appointment 
of its officers for the year 1891, and no appointments can be made under it 
before the first term of court in the year 1892. Unless your authority 
extends over from the act of 1885, by virtue of your appointment, the act 
of 1891 would be inoperative. In an opinion sent from this office on the 
twenty-second day of June, 1891, we took the position that the appoint¬ 
ment of the board of examiners, as well as other officials, under the 
act of 1885, was made for one year, and that the duties required by you 
and the other officials under the act of 1885 were essentially similar to 
those required by the act of 1891, and that your acting in your official 
capacity under the act of 1891 would not be inconsistent with the duties 
required under the act of 1885. 

“ Therefore, in response to your two questions, would say that your 






4 


COAL MINING LAWS OF PENNSYLVANIA. 


5. Composition of board—Power to engage clerk— 
Compensation and mileage. —The said board of exami¬ 
ners shall be composed of three reputable coal miners in 
actual practice and two reputable mining engineers, all of 
whom shall be appointed at the first term of court in each 
year, to hold their places during the year. Any vacancies 
that may occur in the board of examiners shall be filled by 
the court as they occur. The said board of examiners 
shall be permitted to engage the services of a clerk, and 
they, together with the clerk, shall each receive the sum of 
five dollars per day for every day they are actually engaged 
in the discharge of their duties under this appointment, 
and mileage at the rate of six cents per mile from their 
home to the place of meeting and return by the nearest 
practicable railway route * 

6. Notice of examinations—Examiners to be sworn 
—Recommendations to be published. —Whenever can¬ 
didates for the office of inspector are to be examined, the 
said examiner shall give public notice of the fact in not 
more than five papers published in the inspection district, 
and at least two weeks before the meeting, specifying the 
time and place where such meeting shall be held. The said 
examiners shall be sworn to a faithful discharge of their 
duties, and four of them shall agree in their recommenda¬ 
tion of all candidates to the governor who have answered 
ninety per centum of the questions; the names of the appli¬ 
cants, the questions asked and answered thereto shall be 
sent to the secretary of the Commonwealth, and published 
in at least two local papers, daily or weekly, and shall rec¬ 
ommend only such applicants as they find qualified for the 
office. 

Dissolution of board on failure to agree. —Should 
the board of examiners not be able to agree in their selec- 

board is empowered to make the examination to fill the vacancy of 
Patrick Blewitt, which occurs in October next, and also that you are 
empowered to examine candidates for the new inspection district made 
by the new mine law. These examinations to be made by you will have 
to be filled by the action of the court in 1892 in making appointments 
under the act of 1891, under which you make these examinations. There¬ 
fore no harm whatever can be done, but the court in its action will suffi¬ 
ciently protect the interests that arise under the new law. 

“ It is unfortunate that the act of 1891 did not, within itself, contain 
measures for carrying it into effect, and in the absence of these we think 
it legitimately proper that the officials under the act of 1885 should con¬ 
tinue to perform their duties, as the duties under the new law are almost 
precisely similar to those under the old.” 

*Act of June 2d, 1891, art. 2, sec. 4, P. L., 176. 





STATUTES—ANTHRACITE REGION. 


tion and recommendation of a candidate, the judges of the 
court of common pleas shall dissolve the said board and ap¬ 
point a new board of like qualifications and powers. 

Appointment by governor—Removal.—Upon the 
recommendation of the board of examiners as aforesaid, 
the governor shall appoint such person or persons to fill 
the office of inspector of mines under this act, and shall 
issue to him a commission for the term of five years, sub¬ 
ject, however, to removal for neglect of duty or malfeasance 
in office as hereinafter provided for.* 

7. Age, citizenship, and experience of inspectors.— 

The person so appointed must be a citizen of Pennsylva¬ 
nia, and shall have attained the age of thirty years. He 
must have a knowledge of the different systems of working 
coal mines, and he must produce satisfactory evidence to 
the board of examiners of having had at least five years 
practical experience in anthracite coal mines of Pennsylva¬ 
nia. He must have had experience in coal mines where 
noxious and explosive gases are evolved. 

Inspector must be sworn or affirmed—Shall have 
modern instruments.—Before entering upon the duties 
of his office he shall take an oath or affirmation before an 
officer properly qualified to administer the same; that he will 
perform his duties with fidelity and impartiality, which oath 
or affirmation shall be filed in the office of the prothonotary 
of the county. He shall also provide himself with the 

*Act of June 2d, 1891, art. 2, sec. 5, P. L., 176. In answer to a request 
for a construction of this section, the Attorney-General, Hensel, gave the 
following opinion on August 28th, 1891:— 

“ In answer to your letter of August 24th, inquiring as to the meaning 
of that clause of section 5, article 2, of the Anthracite Mining Law of 
1891, which requires the examiners to report to the secretary of the Com¬ 
monwealth, and to publish in the local newspapers ‘the names of the 
applicants, the questions asked and answers thereto, &c.’ I have to say:— 

The clause referred to is general and comprehensive in its character, 
and while it restricts the recommendation of the examiners to such can¬ 
didates as shall have answered ninety per centum of the questions, and 
to such applicants ‘ as they find qualified for the office,’ no such restric¬ 
tion is contained in the directions regarding the matter to be transmitted 
to the secretary of the Commonwealth. The language of the act is ‘ the 
names of the applicants, the questions asked and answers thereto shall 
be sent to the secretary of the Commonwealth, and published in at least 
two local newspapers, daily and weekly.’ The purpose of this provision 
seems to have been to afford the public and the executive authorities an 
opportunity of knowing in what manner the examiners shall have per¬ 
formed their duty, and as to whether or not a fair and proper judgment 
was made upon the merits of the various applicants. I am, therefore, of 
the opinion that the answers of all the applicants should be published 
and transmitted to the secretary of the Commonwealth.” 




6 


COAL MINING LAWS OF PENNSYLVANIA 


most modern instruments and appliances for carrying out 
the intentions of this act.* 

8. Salary. —The salary of each of the said inspectors 
shall be $3000 per annum, which salary, together with the 
expenses incurred in carrying into effect the provisions of 
this act, shall be paid by the State treasurer out of the treas¬ 
ury of the Commonwealth upon the warrant of the auditor- 
general.t 

9. Deputies. —In case the inspector becomes incapaci¬ 
tated to perform the duties of his office for a longer period 
than two weeks, it shall be the duty of the judges of the 
court of common pleas to deputize some competent person 
recommended by the board of examiners to fill the office of 
inspector until the said inspector shall be able to fulfill the 
duties of his office, and the person so appointed shall be 
paid in the same manner as is provided for the inspector of 
mines. X 

10. Residence of inspectors—Examination of col¬ 
lieries—Inquests—Reports.— Each of the said inspectors 
shall reside in the district for which he is appointed, and 
shall give his whole time and attention to the duties of the 
office. He shall examine all the collieries in his district as 
often as his duties will permit or as often as the exigencies 
of the case or the condition of the mines require it; see that 
every necessary precaution is taken to secure the safety of 
the workmen and that the provisions of this act are ob¬ 
served and obeyed; attend every inquest held by the coroner, 
or his deputy, upon the bodies of persons killed in or about 
the collieries in his district; visit the scene of the accident 
for the purpose of making an examination into the particu¬ 
lars of the same whenever loss of life or serious personal in¬ 
jury occurs as elsewhere herein provided for, and make an 
annual report of his proceedings to the secretary of internal 
affairs of the Commonwealth at the close of every year, 
enumerating all the accidents in and about the collieries of 


*Act of June 2d, 1891, art. 2, sec. 6, P. L., 176. 

The appropriation act of May 29th, 1889, P. L., 410, provides: “That 
the sum of two thousand dollars is hereby appropriated for the purchase 
of nine barometers for the mine inspectors of the anthracite districts, and 
for the purchase of three instruments for the testing of mine gases, one 
for the middle anthracite district, one for the Wyoming anthracite dis¬ 
trict, and one for the upper, or Lackawanna district. The instruments to 
remain as the property of the State.” 

fAct of June 2d, 1891, art. 2, sec. 7, P. L., 176. 

X Act of June 2d, 1891, art. 2, sec. 8, P. L., 176. 





STATUTES—ANTHRACITE REGION. 


7 


his district, marking in tabular form those accidents causing 
death or serious personal injury, the condition of the work¬ 
ings of the said mines with regard to the safety of the work¬ 
men therein and the ventilation thereof, and the result of 
his labors generally shall be fully set forth.* 

11. Readjustment of districts. —The board of exam¬ 
iners each for its respective district as hereinbefore provided 
for, in order to divide more equitably among the several mine 
inspectors the labor to be performed and the territory to be 
covered by them in the performance of the duties of the of¬ 
fice, may, at any time when they shall deem it desirable or 
necessary, readjust the several districts by the creation of 
new boundary lines, thereby adding to or taking from, 
as the case may be, the districts as at present bounded 
and described, if the court having jurisdiction approve 
the same. 


*Act of June 2d, 1891, art. 2, sec. 9, P. L., 176. 

Where a mine is partly located in two inspectors’ districts, it is sub¬ 
ject to the authority of the inspector in whose district the mouth of the 
mine is situate. In Blewitt vs. McDonald, 1 Lackawanna Jurist, 105, (1889), 
in determining a dispute between two mine inspectors, Archbald, P. J., 
said: “The Stafford shaft is located in the second inspection district. 
This, without more, would place it under the control of the defendant. 
But it is contended that the coal which is raised through this shaft is 
taken to the ‘National breaker,’ which is in the first inspection district, 
and there prepared for market, and that this makes it a part of that col¬ 
liery and brings it within that district. It may be the most convenient 
arrangement for all parties concerned, especially as the shaft and breaker 
in question are owned by the same operators. But this is a question for 
the board of examiners, who have express authority under the statute to 
readjust the boundaries of the several districts. The only inquiry pre¬ 
sented by this record is whether the facts stated show that the Stafford 
shaft is properly under the inspection of the plaintiff. It does not seem 
to me that the mere fact that the coal which is raised from the shaft is 
prepared for market at a breaker located within the district of the plaint¬ 
iff gives him control over it. This is not the case of a mine or colliery 
located in one district and extending its underground workings over the 
line into another. No doubt there the location of the mouth of the mine 
would control the question of the inspection. All the workings are to be 
treated as one mine under such circumstances. But in the present case, 
while not stated in the bill, it was admitted by counsel at the hearing 
that the Stafford shaft is a quarter of a mile distant from the National 
breaker, and that there is no connection underground between the mine, 
which is worked in immediate connection with the breaker and the mine 
about the foot of the shaft in question. The breaker and its mine are 
thus distinct from the shaft and its mine, and I see nothing in the law 
which requires that they should be brought together under one inspection. 
This certainly does not necessarily follow because of the coal from the one 
is taken to the other in order to be prepared for market. As this is the 
sole fact upon which the plaintiff’s bill is based, it follows that it cannot 
be sustained.” 






8 


COAL MINING LAWS OF PENNSYLVANIA. 


District comprising more than one judicial dis¬ 
trict. —And in case it shall be deemed desirable or necessary 
to readjust any contiguous district, comprised by more than 
one judicial district, by the creation of new boundary lines, 
then in such case the examining boards of the territory af¬ 
fected or requiring such adjustment, shall, in joint session, 
make such change or readjustment as they shall jointly 
agree upon, if the nearest court having jurisdiction to the 
territory affected to whom the said joint examining boards 
shall submit the matter, shall approve the same.* 

12. General duties of mine inspectors. —The mine 
inspector shall have the right, and it is hereby made his 
duty, to enter, inspect, and examine any mine or colliery in 
his district, and the workings and machinery belonging 
thereto, at all reasonable times, either by day or night, but 
not so as to impede or obstruct the working of the colliery, 
and shall have power to take one or more of his fellow in¬ 
spectors into or around any mine or colliery in the district 
for which he is appointed, for the purpose of consultation or 
examination. 

He shall also have the right, and it is hereby made his 
duty, to make inquiry into the condition of such mine or 
colliery workings, machinery, ventilation, drainage, method 
of lighting or using lights and into all matters and things 
connected with or relating to, as well as to make suggestions 
providing for the health and safety of persons employed in 
or about the same, and especially to make inquiry whether 
the provisions of this act have been complied with. 

The owner, operator or superintendent of such mine or 
colliery is hereby required to furnish the means necessary 
for such entry, inspection, examination, inquiry, and exit. 

The inspector shall make a record of the visit, noting 
the time and material circumstances of the inspection^ 

13. Inspector not to be pecuniarily interested in 
colliery. —No person who shall act or practice as a land 
agent or as the manager or agent of any coal mine or col¬ 
liery, who is pecuniarily interested in operating any coal 
mine or colliery in his district, shall, at the same time, hold 
the office of inspector of mines under this act.J 

14. Charges against inspectors—Removal—Vacan¬ 
cies. —Whenever a petition signed by fifteen or more reput- 

*Act of June 2d, 1891, art. 2, sec. 10, P. L., 176. 

fAct of June 2d, 1891, art. 2, sec. 11, P. L., 176. 

JAct of June 2d, 1891, art. 2, sec. 12, P. L., 176. 




STATUTES—ANTHRACITE REGION. 


9 


able coal operators or miners, or both, setting forth that any 
inspector of mines neglects his duties, or is incompetent, 
or is guilty of malfeasance in office, it shall be the duty of 
the court of common pleas of the proper county to issue a 
citation in the name of the Commonwealth to the said 
inspector to appear at not less than five days’ notice, on a 
day fixed, before said court, and the court shall then proceed 
to inquire into and investigate the allegations of the peti¬ 
tioners. If the court find that the said inspector is neg¬ 
lectful of his duties, or that he is incompetent to per¬ 
form the duties of the office, for any cause that existed pre¬ 
vious to his appointment or that has arisen since his ap¬ 
pointment, or that he is guilty of malfeasance in office, the 
court shall certify the same to the governor of the Com¬ 
monwealth, who shall declare the office of inspector for the 
district vacant and proceed, in compliance with the provis¬ 
ions of this act to appoint a properly qualified person to 
fill the office. 

Cost of investigation. —The*cost of said investigation 
shall be borne by the removed inspector; but if the allega¬ 
tions in the petition are not sustained the costs shall be 
paid by the petitioners.* 

15. Duties as to maps. —The maps and plans of the 
mines and the records thereof, together with all the papers 
relating thereto, shall be kept by the inspector, properly 
arranged and preserved, in a convenient place in the dis¬ 
trict for which each inspector has been appointed, and shall 
be transferred by him, with any other property of the 
Commonwealth that may be in his possession to his suc¬ 
cessor in office.! 

16. Inspectors now acting shall continue after 
term expires. —The persons who, at the time this act goes 
into effect, are acting as inspectors of mines under the acts 
hereby repealed shall continue to act in the same manner as 
if they had been appointed under this act, and until the 
term for which they were appointed has expired.! 

3. SURVEYS, MAPS, AND PLANS. 

17. Owner shall have map made. —The owner, op¬ 
erator or superintendent of every coal mine or colliery 





10 


COAL MINING LAWS OF PENNSYLVANIA. 


shall make, or cause to be made, an accurate map or plan 
of the workings or excavations of such coal mine or col¬ 
liery, on a scale of one hundred feet to the inch, which 
map or plan shall exhibit the workings or excavations in 
each and every seam of coal and the tunnels and passages 
connecting with such workings or excavations. It shall 
state in degrees the general inclination of the strata with 
any material deflection therein in said workings or excava¬ 
tions, and shall also state the tidal elevations of the bottom 
of each and every shaft, slope, tunnel and gangway, and of 
any other point in the mine or on the surface where such 
elevation shall be deemed necessary by the inspector. The 
map or plan shall show the number of the last survey sta¬ 
tion and date of each survey on the gangways or the most 
advanced workings. It shall also accurately show the bound¬ 
ary lines of the lands of the said coal mine or colliery and 
the proximity of the workings thereto, and in case any mine 
contains any water dammed up in any part thereof, it shall 
be the duty of the owner, operator or superintendent to 
cause the true location of the said dam to be accurately 
marked on said map or plan, together with the tidal eleva¬ 
tion, inclination of strata and area of said workings con¬ 
taining water, and whenever any workings or excavations is 
approaching the workings where such dam or water is con¬ 
tained or situated, the owner, operator or superintendent 
shall notify the inspector of the same without delay. 

Copy of map to be given to inspector. —A true copy 
of which map or plan the said owner, operator or superin¬ 
tendent shall deposit with the inspector of mines for the 
district in which the said coal mine or colliery is situated, 
showing the workings of each seam, if so desired by the 
inspector, on a separate sheet of tracing muslin. One copy 
of the said map or plan shall be kept at the colliery* 

18. Changes to be recorded on maps.— The said 
owner, operator or superintendent shall, as often as once in 
every six months, place, or cause to be placed, on the said 
inspector’s map or plan of said coal mine or colliery, the 
plan of the extensions made in such coal mine or colliery 
during the preceding six. months. The said extensions 
shall be placed on the inspector’s map and the map returned 
to the inspector within two months from the date of the 
last survey.! 


*Act of June 2d, 1891 


, art. 3, sec. 1, P. L., 176 





STATUTES—ANTHRACITE REGION. 


11 


19. Maps of abandoned collieries.— When any coal 
mine or colliery is worked out preparatory to being aban¬ 
doned, or when any lift thereof is about to be abandoned, the 
owner, operator, or superintendent of such coal mine or col¬ 
liery shall have the maps or plans thereof extended to in¬ 
clude all excavations, as far as practicable, and such portions 
thereof as have been worked to the boundary lines of ad¬ 
joining properties; or any part or parts of the workings of 
which is intended to be allowed to fill with water, must be 
surveyed in duplicate and such surveys must practically 
agree, and certified copies be filed with the inspector of the 
district in which the mines are situated.* 

20. Neglect of owner to make map. —Whenever the 
owner, operator or superintendent of any coal mine or col¬ 
liery shall neglect or refuse, or from any cause not satisfac¬ 
tory to the inspector, shall fail, for a period of three months, 
to furnish to the inspector the map or plan of said colliery 
or of the extensions thereto, as provided for in this act, the 
inspector is hereby authorized to cause an accurate map or 
plan of such coal mine or colliery to be made at the expense 
of the owner thereof, which cost shall be recoverable from 
said owner as other debts are by law recoverable.t 

21. Correction of inaccurate maps—Owner liable 
for costs. —If the inspector finds or has reason to believe 
that any map or plan of any coal mine or colliery, furnished 
under the provisions of this act, is materially inaccurate, it 
shall be his duty to make application to the court of common 
pleas of the county in which such colliery is situate for an 
order to have an accurate map or plan of said colliery pre¬ 
pared, and if such survey shall prove that the map furnished 
was materially inaccurate or imperfect, such owner, operator 
or superintendent shall be liable for the expense incurred in 
making the same.J 

22. When Commonwealth liable for costs. —If it 

shall be found that the map or plan furnished by the owner, 
operator or superintendent was not materially inaccurate or 
imperfect, the Commonwealth shall be liable for the expense 
incurred in making said test survey.§ 

23. Penalty for furnishing inaccurate map.-*-If it 
shall be shown that the said owner, operator, or superin- 






12 


COAL MINING LAWS OF PENNSYLVANIA. 


tendent has knowingly or designedly caused or allowed such 
map or plan, when furnished, to be incorrect or false, such 
owner, operator, or superintendent thus offending shall be 
guilty of a misdemeanor and upon conviction thereof, shall 
be punished by a fine not exceeding five hundred dollars or 
imprisonment not exceeding three months, at the discretion 
of the court * 

24. Ownership and custody of maps. —The maps or 
plans of the several coal mines or collieries in each district 
and which are placed in the custody of the inspector, shall 
be the property of the Commonwealth, and shall remain in 
the care of the inspector of the district in which the said 
collieries are situated to be transferred by him to his suc¬ 
cessor in office; and in no case shall a copy of the same be 
made without the consent of the owner, operator or super¬ 
intendents 

25. Inspector’s map open for inspection. —The in¬ 
spector’s map or plan of any particular colliery shall be 
open for inspection, in the presence of the inspector, to any 
miner or miners of that colliery whenever said miner or 
miners shall have cause to fear that his or their working 
place or places is becoming dangerous, by reason of its 
proximity to other workings which may be supposed to 
contain water or dangerous gases. Said map shall also be 
open to the inspection and examination of any citizen 
interested during business hours.J 

26. Adjoining owner shall leave pillar—Duplicate 
surveys. —It shall be obligatory on the owners of adjoin¬ 
ing coal properties to leave, or cause to be left, a pillar of 
coal in each seam or vein of coal worked by them along 
the line of adjoining property, of such width, that taken in 
connection with the pillar to be left by the adjoining prop¬ 
erty-owner, will be a sufficient barrier for the safety of the 
employes of either mine in case the other should be aban¬ 
doned and allowed to fill with water; such width of pillar 
to be determined by the engineers of the adjoining prop¬ 
erty-owners together with the inspector of the district in 
which the mine is situated, and the surveys of the face of 
the workings along such pillar shall be made in duplicate 
and must practically agree. A copy of such duplicate sur¬ 
veys, certified to, must be filed with the owners of the ad- 


*Act of June 2d, 1891, art. 3, sec. 7, P. L., 176. 
fAct of June 2d, 1891, art. 3, sec. 8, P. L., 176. 
fAct of June 2d, 1891, art. 3, sec. 9, P. L., 176. 




STATUTES—ANTHRACITE REGION. 


13 


joining properties and with the inspector of the district in 
which the mine or property is situated.* 


4. SHAFTS, SLOPES, OPENINGS, AND OUTLETS. 

27. Two outlets—Connection with seams—Cages. 

It shall not be lawful for the owner, operator or superin¬ 
tendent of any mine to employ any person or persons in 
such mine or permit any person or persons to be in such 
mine for the purpose of working therein, unless they are in 
connection with every seam or stratum of coal; and from 
every lift thereof, worked in such mine, not less than two 
openings or outlets separated by a strata of not less than 
sixty feet in breadth underground, and one hundred and 
fifty feet in breadth at the surface, at which openings or 
outlets safe and distinct means of ingress and egress are at 
all times available for the person or persons employed in 
the said mine, but it shall not be necessary for the said two 
openings to belong to the same mine if the persons em¬ 
ployed therein have safe, ready and available means of in¬ 
gress and egress by not less than two openings. This 
section shall not apply to opening a new mine or to open¬ 
ing any new lift of a mine, while being worked for the 
purpose of making communication between said two out¬ 
lets, so long as not more than twenty persons are employed 
at any one time in such mine or new lift of a mine, neither 
shall it apply to any mine or part of a mine in which the 
second outlet has been rendered unavailable by reason of 
the final robbing of pillars previous to abandonment, so 
long as not more than twenty persons are employed there¬ 
in at any one time. The cage or cages and other means 
of egress shall, at all times, be available for the persons 
employed where there is no second outlet.t 


*Act of June 2d, 1891, art. 3, sec. 10, P. L., 176. 

-f-Act of June 2d, 1891, art. 4, sec. 1, P. L., 176. In Commonwealth vs. 
Wilkesbarre Coal Co., 29 Leg. Int., 213 (1872), it was held, that where in 
connection with a mine or colliery a shaft has been sunk to or a slope 
driven in a seam or stratum of coal which is in communication with a 
second outlet at the point where the mining is carried on, and a field of 
coal has there been exhausted; yet, if from that point a slope be con¬ 
tinued on following the pitch of the seam or stratum down several hun¬ 
dred feet and at the bottom thereof extensive mining be carried on in 
the same’and there is no second outlet communicating therewith separ¬ 
ated from such slope by natural strata of at least one hundred and fifty 





14 


COAL MINING LAWS OF PENNSYLVANIA. 


28. Proceedings to condemn additional opening 
through adjoining or intervening lands. —The owner, 
operator or superintendent of any mine to which there is 
only one shaft, slope or outlet may petition the court of 
common pleas in and for the county in which such mine is 
situated, which said court is hereby empowered to act in 
the premises, setting forth that, in consequence of interven¬ 
ing lands between the working of his mine and the most 
practicable point, or the only practicable point, as the case 
may be, at which to make or bring to the surface from the 
working of his mine, he is unable to make an additional 
shaft, slope, or outlet in accordance with the requirements 
of this act, whereupon the court may make an order of ref¬ 
erence and appoint three disinterested persons, residents of 
the county, viewers, one or more of wdiom shall be a prac¬ 
tical mining engineer, all of whom, after being sworn to a 
faithful discharge of their duties, shall view and examine 
the premises and determine as to whether the owner should 
have the privilege of making an additional outlet through 
or upon any intervening lands, as the case may require, 
and report in writing to the court, which report shall be en¬ 
tered and filed of record. If the finding of the viewers, or 
any two of them, is in favor of the owner of such coal 
mine or colliery, he may make an additional shaft, slope, 
or outlet under, through or upon intervening lands, as may 
be determined upon and provided for by the award. If 
the finding of the viewers is against the owner, or if no 
award be made by reason of any default or neglect on the 
part of the owner, he shall be bound to comply with the 
provisions of this act in the same manner as if this section 
had not been enacted. In case the said owner, operator or 


feet in breadth, the mining or colliery is within the legislative inhibi¬ 
tion ; and an injunction will be granted to restrain the owners, lessees, or 
occupiers thereof from thus working the same. 

In Com. vs. Blewitt, 1 Luz. Leg. Reg., 341 (1872), it appeared that de¬ 
fendant’s mine was free from standing gas where the workings were go¬ 
ing on, but that these workings connected with and opened into an old 
abandoned mine where standing gas accumulated, and by frequent fall¬ 
ings of the roof was liable to be driven into the defendant’s workings. 
The court held that the mine was not in a safe condition for the miners 
to work in. 

Driving a gangway, not for the coal, but for the purpose of making *a 
second outlet, is not working the seam, but opening it for work. Such 
work does not make it a seam, “for the time being at work ” within 
act of 3d March, 1870, sec. 3, P. L., 3. Haddock vs. Commonwealth, 103 






STATUTES—ANTHRACITE REGION. 


15 


superintendent desires to, and claims that he ought to make 
an additional opening under, through or upon any adjoin¬ 
ing or intervening lands, to meet the requirements of this 
act, for the ingress and egress of the men employed in his or 
their mine, he or they shall make a statement of the facts in 
the petition, with a survey, setting forth the point of com¬ 
mencement and the point of termination of the proposed 
outlet which he or they, their engineers, agents or em¬ 
ployes may enter upon said intervening lands and survey 
and mark, as he or they shall find it proper to adopt for 
such additional outlet, doing as little damage as possible to 
the property explored; and the viewers shall state in their 
report what damage will.be sustained by the owner or own¬ 
ers of the intervening lands by the opening, constructing 
and using of the outlet, and if the report is not appealed 
from, it shall be confirmed or rejected by said court as to 
right and justice shall appertain, and any further and all 
proceedings in relation thereto shall be in conformity with 
like proceedings as in the case of a lateral railroad across or 
under intervening lands, under the act in relation to lateral 
railroads, approved the fifth day of May, A. D. 1832, and 
the supplements thereto, so far as the provisions of the 
same are applicable hereto ; and the notices to the owner of 
intervening lands, of the intention to apply for the privi¬ 
lege of making an outlet, and meeting of the viewers, shall 
be given, and the costs of the case shall be paid as provided 
in the said act of fifth day of May, A. D. 1832 and the 
supplements thereto.* 

29. Appliances for escape. —The escapements, shafts 
or slopes shall be fitted with safe and available appliances by 
which the persons employed in the mine may readily escape 
in case an accident occurs deranging the hoisting machinery 
at the main outlets.! 

30. Separate traveling-way.— In slopes where the 
angle of inclination is fifteen degrees or less there must be 
provided a separate traveling-way, which shall be main- 


*Act of June 2d, 1891, art. 4, sec. 2, P. L., 176. Provision is made for 
the condemnation of underground ways by the acts of April 16th, 1838, 
P. L., 637, and April 13th, 1868, P. L., 92. The act of June 13th, 1874, 
P. L., 286, providing for condemnation of ways across or under rivers or 
other streams, is clearly unconstitutional. Waddell’s App., 84 Pa., 90 
(1877). 

fAct of June 2d, 1891, art. 4, sec. 3, P. L., 176. 




16 


COAL MINING LAWS OP PENNSYLVANIA. 


tained in a safe condition for travel and kept free from 
steam and dangerous gases.* 

31. Inflammable structures not to be erected.— 

No inflammable structure, other than a frame to sustain pul¬ 
leys or sheaves, shall be erected over the entrance of any 
opening connecting the surface with the underground work¬ 
ings of any mine, and no “ breaker ” or other inflammable 
structure for. the preparation or storage of coal shall be 
erected nearer than two hundred feet to any such opening, 
but this act shall not be construed to prohibit the erection of 
a fan drift for the purpose of ventilation, or of a trestle for 
the transportation of cars from any slope to such breaker or 
structure, neither shall it apply to any shaft or slope until 
the work of development and shipment of coal has com¬ 
menced : Provided , That this section shall not apply to 
breakers that are now erected.t 


*Act of June 2d, 1891, art. 4, sec. 4, P. L., 170. 

The act of Assembly of April 18th, 1870, required that all the slope 
mines should be provided with two passage-ways, one of which was to be 
used and set apart exclusively as a man-way. A., an employ6 in a mine, 
was killed while passing through the slope, and in an action brought by 
his widow to recover damages for his death there was a dispute as to 
whether the man-way was in proper form or in proper condition, so that 
A. might have used it instead of the slope. The court left it as a question 
of fact for the jury. Held there was no error in this. Cambria Iron Co. 
vs. Shaffer, 8 Atl. Rep., 204 (1887). 

fAct of June 2d, 1891, art. 4, sec. 5, P. L. 176. The provisions of the 
anthracite mine regulation act of 1891, forbidding the erection of a 
breaker nearer than two hundred feet to the opening of a mine, is not 
an unreasonable exercise of the police power of the State. In Com. vs. 
Kingston Coal Co., 6 Kulp, 241 (1891), Rice, J., said:— 

“ This bill was filed by the mine inspector, and the prayer is for an 
injunction restraining the defendant company from erecting a breaker 
within two hundred feet of shaft number four, belonging to said com¬ 
pany, in violation of the provisions of section 5, article 4, of the act of 
June 2d, 1891, entitled ‘ An act to provide for the health and safety of 
persons employed in and about the anthracite coal mines of Pennsyl¬ 
vania, and for the protection and preservation of property connected 
therewith.’ The case comes before us upon a motion for injunction. 
The question is an important one, and in order that the exact point de¬ 
cided, and the grounds of the decision may clearly appear, it will be nec¬ 
essary to state the facts at length. 

“ Prior to the passage of the mine ventilation act of 1885, the defendant 
company became the owner or lessee of the coal under a large body of 
lands, and the owner of only a comparatively small part of the surface. 

“ Shafts one and four are about two hundred feet apart and were sunk 
upon the land of which the (defendant is the owner; and the mines of 
the company have been opened-^and developed with a view of taking out 
the coal to be mined in front of and to the northeast, east, and southwest 
through said shafts, and of preparing the same for market at the break¬ 
ers erected in connection therewith. 

“ In each case the breaker, engine-house, and tower were so connected 








STATUTES—ANTHRACITE REGION. 


17 


as to constitute one structure which was over the shaft. Breaker num¬ 
ber one was built in 1864-5, and breaker number four was in course of 
erection prior to the mine ventilation act of 1885, since which time, until 
the destruction of the breakers, the shafts and breakers have been used 
continuously for the purposes of their construction. In addition to these 
shafts there are three other modes of egress from the mines of the com¬ 
pany, two by shaft and one by slope. 

“ On the evening of May 5th, 1891, a fire originated in the tower of 
breaker number four, which was communicated to breaker number one, 
and both were totally destroyed. The men at work in the mines at the 
time were notified, and came out through the other openings without 
difficulty, and without encountering any bad air. As we understand the 
affidavits the intake of air was ordinarily down shafts one and four, and 
if this had not been changed any one can readily see the danger from a 
burning breaker immediately over the mouth of the shaft, or so near to 
it that the smoke, flames, and burning timbers would be carried down 
the shaft. But on this occasion, shortly after the alarm was given, the 
ventilating fan at number three was stopped by order of the inside fore¬ 
man, and this, together with the fire at the mouth of the shafts, caused a 
reversal of the air current and thus prevented the disastrous conse¬ 
quences to the men and animals in the mines, which otherwise might 
reasonably have been feared. Witnesses who were at the foot of the 
shafts while the breakers were burning, swear that the ventilation was 
good—in the language of one—‘ the shaft having acted as a chimney to 
cause an upcast and thus became itself a ventilator of the mine.’ The 
defendant’s witnesses express a very decided opinion, that, taking into 
consideration the way in which the defendant’s mines are developed and 
connected, the ways of egress, and the facts shown by the fire on May 
5th, no danger can result to the men or animals employed in the mines 
from the egress through shafts one and four being shut off by fire or 
otherwise. 

“Another fact asserted positively in the defendant’s affidavits, and 
not controverted by any counter-affidavits, is that owing to steepness 
of grade in one direction and the lines of adjoining land-owners in 
other directions, the proposed breaker cannot be built on the land 
of the company in any direction two hundred feet from shafts one 
and four. 

“ The act of March 3d, 1870, P. L., 1, did not forbid the erection of a 
breaker over the mouth of a shaft, but provided that in such a case a 
furnace should not be used in the mines for the purpose of producing a 
hot upcast of air. The act of June 30th, 1885, P. L., 218, forbade the use 
of a furnace for the purpose of ventilating any mine wherein explosive 
gases are generated, and further provided, as follows: 1 From and after 
the passage of this act no inflammable structure, other than a frame to 
sustain pulleys or sheaves, shall be erected over the entrance of any 
opening connecting the surface with the underground workings of any 
mine, and no “breaker,” or other inflammable structure for the prepara¬ 
tion or storage of coal shall be erected nearer than two hundred feet to 
any such opening, but this shall not be construed to prohibit the erec¬ 
tion of a fan drift for the purpose of ventilation, or of a trestle for the 
transportation of cars from any slope to such breaker or structure, 
neither shall it apply to any shaft or slope until the same has been driven 
to its proposed limit, or until the work of development and shipment of 
coal has commenced: Provided, That this section shall not apply to 
breakers that are now erected, or that are in course of erection The pro¬ 
vision of the act of June 2d, 1891, is the same, except that the words 
italicized are omitted. 

“ Notwithstanding this provision of the law, the defendant company 





18 


COAL MINING LAWS OF PENNSYLVANIA. 


purposes to build a breaker at shaft number four in substantially the 
same position as the former one, which, as we have seen, was practically 
over the mouth of the shaft. The question we are called upon to decide 
is whether, upon the facts stated, this will be lawful. 

“ It has been well said that the police power of a State is a proper 
subject for description rather than definition, and I shall not undertake 
what abler men have confessed their inability to do. But after a careful 
and thorough examination of the question w r e have no doubt that the 
regulation under consideration is one which was fairly within the power 
of the legislature to make. It is quite as unobjectionable on constitu¬ 
tional grounds as a law permitting municipal corporations to establish 
fire limits and to prohibit the erection of frame buildings within the 
same, or as the law requiring the owners of hotels, manufactories, &c., to 
provide fire-escapes, or as those provisions of the first mine ventilation 
law, which were sustained as within the constitutional powers of the 
legislature. Speaking of the act of 1870, Judge Harding said: ‘ Of its 
constitutionality we have not the slightest doubt. It stands upon the 
statute-book, known of all men, as the offspring of “Avondale.” Of its 
propriety and necessity the law-making power was taught not a moment 
too early.’ Com. vs. Bonnell, 8 Phila., 534, Judge Dana said : ‘It is en¬ 
titled “An act providing for the health and safety of persons employed 
in coal mines.” Its provisions, prohibitions, and penalties are directed 
to this end. The melancholy record of mining casualties in this and 
other coal fields called for legislative protection. The application and 
enforcement of the law in a case where, from the circumstances beyond 
the operator’s control, compliance with its provisions is rendered impos¬ 
sible, may work hardship. But when the question is brought to the 
practical issue, is capital or human life to be sacrificed, can the answer 
be doubtful?’ Com. vs. Tompkins, 1 Luz. Leg. Reg., 341. Speaking of 
the same act Mr. Justice Clark said: ‘This act of Assembly was passed 
after the sad and memorable disaster which occurred at the Avondale 
mine on the sixth day of September, 1869. That mine had but a single 
shaft, the hoisting shaft; the brattice enclosing the air passage caught 
fire from some cause unknown, and'very soon the only entrance to, or 
means of exit from, the mine was filled with burning timbers, fire, and 
smoke. The breaker and buildings covering the shaft were entirely 
consumed, and one hundred and eight unfortunate miners instantly 
perished. This great public calamity and the investigation which fol¬ 
lowed, revealed the fact that the business of mining was negligently 
conducted, and that the lives of miners were constantly imperiled. 
Public sentiment demanded that this should be the subject of leg¬ 
islative provision, and this statute embodies the action of the legis¬ 
lature thereon.’ Haddock vs. Com., 103 Pa., 243. Between the years 
1870 and 1890, the annual production of anthracite coal was more 
than doubled. As the business has grown the dangers have in¬ 
creased, but so also have the knowledge and ability to cope with them 
grown. Nevertheless, the official reports of the mine inspectors show 
that in the year 1890 there were one thousand and sixty-six persons 
injured in the anthracite coal mines of the State, and two hundred and 
seventy-five killed. It cannot be said, nor is it contended here, that a 
business in which so large a portion of the public is employed and 
fraught with so much danger is beyond the power of the legislature to 
regulate. ‘ Generally it is for the legislature to determine what laws 
and regulations are needed to protect the public health and secure the 
public comfort and safety, and when its measures are calculated, in¬ 
tended, convenient, and appropriate to accomplish these ends the exer¬ 
cise of its discretion is not subject to review by the courts. But they 
must have some relation to these ends.’ Jacob’s Case, 98 N. Y., 98. 




STATUTES—ANTHRACITE REGION 


19 


The act of 1891 is in the same line as the acts of 1870 and 1885, and is 
the product of the knowledge gained by the experience and investiga¬ 
tion of the twenty-one years that have elapsed since it became apparent 
to all that the subject was one which warranted and imperatively de¬ 
manded the exercise of the police power of the State. The provision 
under consideration clearly relates to, and is manifestly calculated to 
secure the safety of, the large body of men employed in the mines, and 
the legislature could have had no other purpose in passing it. Possibly, 
men may differ as to the expediency of the measure, but no one can say 
that it is an unwarranted invasion of private rights, for an ulterior pur¬ 
pose, under the guise of a police regulation. The power of the legisla¬ 
ture to make the law being clear, the question, whether the court has 
discretionary power to set it aside or refuse to enforce it in a particular 
instance, because, in the opinion of witnesses, it is an unnecessary regu¬ 
lation in that case, is free from difficulty. If that power is usurped by 
the courts in one case the statute will cease to be a rule of action and 
become merely a legislative expression of opinion which a co-ordinate 
branch of the government may respect or not, as it thinks fit. In con¬ 
struing the provisions of the act of 1870, relating to the duties of mine 
foremen, we had occasion to say: ‘ By this we mean that he cannot say 
that the necessities of the particular mine, or of the particular occasion, 
do not require him to perform things required of him by the statute. 
This statute is supposed to express the legislative wisdom of the State; 
to express what was necessary and best to secure the ventilation of the 
mines and the security of the men who work under the ground; and we 
repeat that the mining boss must perform the duties imposed on him by 
statute, and he has no right to set up his private judgment against that 
of the legislature and to say that it is not necessary for him to perform 
them, or that he has pow r er to perform them in some other w r ay. If he 
fails to perform them he is guilty of negligence, even though no accident 
occurs.’ Com. vs. Reynolds, 1 Kulp, 218. What is true of regulations 
which the foremen and other subordinates are bound to observe is 
equally true of regulations affecting the mine owner’s conduct of the 
business. Neither the mine inspector, nor the court, nor a jury has dis¬ 
cretionary power to relieve him from the duty to perform those things 
which the legislature has imperatively commanded, or to permit him 
to do what the legislature has forbidden, upon the mere ground that 
no harm is likely to result. The allegation that the mines of the 
defendant company will be as safe for the men employed therein 
if a frame breaker is erected over the shaft as they would be if it were 
erected two hundred feet distant, after all that can be said, rests on the 
opinion of men. Conceding to them the knowledge of experts, they are 
nevertheless men of fallible judgment. The fact alleged is one that can¬ 
not be demonstrated; for whilst it is true that the men escaped on this 
occasion without harm, no one can say that on another occasion there 
might not be a difference of conditions which would disastrously change 
the result. In the case of Powell vs. Com., 114 Pa., 265, which was a 
criminal prosecution for a violation of the act prohibiting the manufac¬ 
ture, sale, and keeping for sale, of oleomargarine, the defendant offered 
to prove by a chemist who saw it manufactured that the article sold by 
the defendant to the prosecuting witness was a wholesome and nutri¬ 
tious article of food, and in all respects as wholesome and healthful as 
butter produced from pure, unadulterated milk, or cream from the same. 
There the fact set up in defense was capable of being proved with much 
greater degree of certainty than the fact set up here to except this case 
from the general operation of the law. But, although the trial judge 
said : ‘ No one doubts that it might be made as stated in the offer,’ the 
evidence was rejected as incompetent, the defendant was convicted, and 



20 


COAL MINING LAWS OF PENNSYLVANIA. 


the judgment was affirmed by the Supreme Courts of the State and of the 
United States. Powell AS.. Com., 127 U. S., 678 (L. Ed., 253). 

“ It is claimed, further, that the section does not apply to a case of this 
kind, and the opinion of Judge Hand, in the case of Com. vs. Smith, 4 
C. P. Rep., 1, is cited in support of this position. The point actually 
raised and decided in the case cited was that the act of 1885 did not pro¬ 
hibit the sinking of a shaft (to take the place of a slope by means of 
which the mine had been operated for twenty years), within two hun¬ 
dred feet of the breaker where the breaker was erected before the passage 
of the act. In the course of his discussion Judge Hand said, that where 
a breaker erected before the passage of the act is within two hundred 
feet of the opening of the shaft the act did not prohibit its re-erection in 
case of destruction by fire. The learned judge evidently referred to a 
breaker actually upon the ground, or in course of erection at the time 
the act was passed. Even if this proposition be accepted it does not rule 
the present case. The language of the proviso is: ‘That this section 
shall not apply to breakers that are now erected.’ This language is plain 
and free from ambiguity ‘ The first and cardinal rule for the construc¬ 
tion of statutes is, that where the intent of the legislature is plainly ex¬ 
pressed, it must prevail; that when the language of a statute is clear and 
unequivocal, without ambiguity or uncertainty we are to presume that it 
expresses the intent of the legislature, and no construction is necessary.’ 
Haddock vs. Com., 103 Pa., 243. There was no breaker erected at shafts 
one and four when the act of 1891 was passed, and it is to such a breaker 
that the proviso refers, not to a breaker that may have been built and 
destroyed before the act went into effect. The condition of things was 
the same as if the shafts had been sunk with the intention of locating 
the breaker in the place proposed, but the breaker had not been erected. 
There wmuld be as great hardship in such a case as in the case actually 
before us, and as much reason for supposing that the section w r as not in¬ 
tended to apply. ‘ All laws must be executed according to the sense 
and meaning which they imported at the time of their passage.’ Com. 
vs. Erie & N. E. R. R. Co., 27 Pa., 339. In determining what was the in¬ 
tent of the proviso the same rule must be applied. It is true these 
breakers were destroyed after the introduction of the bill, and less than 
a month before it became a law, but the fact that they were not in exist¬ 
ence at the time the act was approved is as conclusive against the right 
of the company to build another to take their place within two hundred 
feet of the shafts as if they had been destroyed years before. 

“ That the State has power in a case of overruling necessity to destroy 
the property of individuals who are in no fault is well settled. ‘ A strong 
instance of this description is where it becomes necessary to take, use, or 
destroy the private property of individuals to prevent the spreading of 
a fire, the ravages of a pestilence, the advance of a hostile army, or any 
other great public calamity.’ Cooley’s Const. Lim., 594. But we are not 
prepared to say that the legislature clearly intended to go to that extent 
in the enactment of this section. The fact that breakers in existence 
were excepted out of its operation, shows that they did not regard the 
necessity of separating the breaker from the shaft so extreme and over¬ 
ruling as to require the destruction of property. If, therefore, it should 
come to this, that to prohibit the defendant company from rebuilding its 
breaker in the manner and at the place proposed would deprive it of the 
use and enjoyment of its property, would prevent it from mining its coal 
and preparing the same for market, we think the court, on the facts now 
presented, ought to pause before interfering by injunction. But where 
one sets up necessity as an excuse for doing something which the law 
forbids, or omitting to do something which the law commands, or as a 
reason for presuming, that, notwithstanding the letter of the law, the 





STATUTES—ANTHRACITE REGION. 


21 


legislature did not intend it to apply to such a case as his, the fact ought 
to be shown clearly. The fact that it will be less convenient or more ex¬ 
pensive to comply with the law is not such necessity. The citizen owns 
his property absolutely, it is true; it cannot be taken from him for any 
private use whatever, without his consent, nor can it be taken for any 
public use without compensation; still he owns and holds it ‘ subject to 
those general regulations which are necessary to the common good and 
general welfare. Rights of property like all other social and conventional 
rights are subject to such reasonable limitations in their enjoyment as 
shall prevent them from being injurious, and to such reasonable restraints 
and regulations established by law as the legislature, under the govern¬ 
ing and controlling power vested in them by the Constitution, may think 
necessary and expedient.’ Com. vs. Alger, 7 Cush., 84. If he suffers in¬ 
jury, it is either damnum absque injuria , or, in the theory of the law, he is 
compensated for it by sharing in the general benefits which the regula¬ 
tions are intended and calculated to secure. 1 Dill. Mun. Corp., g 141. 
The establishment of fire limits within the denser portions of cities and 
villages within which buildings constructed of inflammable materials 
shall not be erected or repaired, often interferes with the enjoyment of 
private property, imposes an additional burden of expense upon the 
owner if he desires to build, and occasions him inconvenience, but such 
regulations have been sustained notwithstanding this result. Klinger vs. 
Bichel, 117 Pa., 326; 1 Dill. Mun. Corp., %% 143-405. We might multiply 
illustrations, but it is unnecessary. There are innumerable police regula¬ 
tions which the courts have sustained, notwithstanding they have dis¬ 
turbed the free enjoyment of private property, and have subjected the 
owners thereof to inconvenience, expense, and loss. If these considera¬ 
tions should be allowed to stand in the way of the enforcement of the 
mine ventilation law, but few precedents would be needed to destroy it. 
Fortunately the first law upon the subject received a different construc¬ 
tion at the outset, and notwithstanding it occasioned additional burden 
and expense, and notwithstanding some of its provisions may have been 
unwise, inadequate, and unnecessary, yet we believe it safe to say that, 
on the whole, the mine-owners themselves have been more than com¬ 
pensated by the benefits that have accrued from its enforcement. We 
come then to the question, is it imperatively necessary to the use and 
enjoyment of its property for the defendant company to erect an inflam¬ 
mable breaker upon the site of the old one, or, at all events, within two 
hundred feet of the mouth of shaft number four? We are not convinced 
by the affidavits before us that it is. 

“First .—It is not alleged that the defendant company has not land 
enough in the vicinity of these shafts to place the breaker two hundred 
feet distant, but only that owing to the steepness of the grade tracks for 
empty and loaded cars cannot be constructed. Conceding that this is 
an insuperable obstacle to the location of the breaker on its own land, 
which cannot be overcome by grading, or by the construction of in¬ 
clined planes, or in any other way, it is not asserted that the company 
has made any effort, and has failed, to obtain sufficient land for the pur¬ 
pose at a reasonable price. Such may be the fact, but we cannot find 
that it is distinctly alleged in the affidavits. 

“ Second .—But if the breaker must be located less than two hundred 
feet from the shaft, must it be so constructed as to be an inflammable 
structure, and must it be located immediately over the mouth of the 
shaft as the old one was? Neither of these facts is clearly and distinctly 
alleged and proved to our satisfaction. It is true breakers are usually 
built of wood, but we believe it to be a fact that at least one breaker, if 
not more, has been built of iron, but with what success we cannot say. 
At all events, confining our attention strictly to the proofs before us. 





22 


COAL MINING LAWS OF PENNSYLVANIA. 


32. Top of shaft to be fenced. —The top of each shaft 
and also of each slope, if dangerous, or any intermediate lift 
thereof, shall be securely fenced off by railing or by vertical 
or flat gates.* * 

33. Abandoned slope to be fenced. —Every aban¬ 
doned slope, shaft, air-hole and drift shall be properly 
fenced around or across its entranced 

34. Underground entrance to be fenced. —All under¬ 
ground entrances to any places not in actual course of work¬ 
ing or extension shall be properly fenced across the whole 
width of such entrances, so as to prevent persons from inad¬ 
vertently entering the same.f 

35. Speaking-tubes and signals. —The owner, oper¬ 
ator, or superintendent of any coal mine or colliery which 


the defendant’s affidavits do not assert that the breaker must be built 
of wood. The words ‘other inflammable structure,’ indicate the pur¬ 
pose and intent of the legislature, and, fairly construed, the prohibition 
of the statute would seem not to include a breaker if it is not an inflam¬ 
mable structure. And if a breaker can be so built, the law is no more 
oppressive in its operation than a law or an ordinance which prohibits 
the erection of frame buildings within the prescribed fire limits of a city. 

“For these reasons we conclude from the facts now before us, that it 
will not be lawful for the defendant to build a frame breaker at shaft 
number four in the manner proposed. 

“ An injunction to continue until further order is awarded, restraining 
the defendant company from working the mine or colliery described in 
the bill in connection with shaft number four and a frame breaker or 
other inflammable structure for the preparation and storage of coal (ex¬ 
cepting a frame to sustain pulleys or sheaves), to be erected within two 
hundred feet of said shaft.” 

Act of June 30th, 1885, section 5, article 4, P. L., 226, did not prohibit 
the sinking of a shaft within two hundred feet of the breaker, where 
the breaker was erected before the passage of the act. Where a breaker 
erected before the passage of the act was within two hundred feet of the 
opening of the shaft, the act did not prohibit its restoration in case of 
destruction by fire. Blewitt vs. Smith, 4 C. P., 1. 

*Act of June 2d, 1891, art. 4, sec. 6, P. L., 176. In Honor vs. Albrighton, 
93 Pa., 475 (1880), the Supreme Court said in & per curiam opinion, “The 
act of March 3d, 1870, ought to have a liberal but reasonable construction. 
In providing that the machinery in and about the mines and coal break¬ 
ers ‘ shall be properly fenced off,’ it evidently intended merely proper 
protection. Then to protect the opening into which the plaintiff fell, a 
fence, in its literal sense, would not have been as sufficient protection as 
the board used to cover the opening. In providing this cover, the em¬ 
ployer did his whole duty under the act. If that cover was unnecessarily 
removed without his fault or knowledge, through the negligence of one of 
the employes, no other servant could recover, according to well-settled 
principles. The conduct of the boy presented a case of contributory negli¬ 
gence. It was not the intention of the act of Assembly to change these 
just and reasonable rules.” 

|Act of June 2d, 1891, art. 4, sec. 7, P. L., 176. 

t Act of June 2d, 1891, art 4, sec. 8, P. L., 176. 




STATUTES—ANTHRACITE REGION. 


23 


is worked by shaft or slope shall provide and maintain a 
suitable appliance by or through which conversation can be 
held by and between persons at the bottom and at the top of 
the shaft or slope, and also an efficient means of signaling 
from the bottom of such shaft or slope to the engineer in 
charge of the hoisting engine.* 

36. Hand-rails.—Hand-rails and efficient safety catches 
shall be attached to, and a sufficient cover overhead shall be 
provided on every cage used for lowering or hoisting persons 
in any shaft.t 

37. Cage, &c., to be protected.—Wherever practi¬ 
cable every cage or gunboat used for lowering or hoisting 
persons in any slope shall be provided with a proper pro¬ 
tector, so constructed that persons, while on such cage or 
gunboat, shall not be struck by anything which may fall or 
roll down said slope.t 

38. Main link of chain.—The main link of the chain 
connecting the rope to the cage, gunboat or car in any shaft 
or slope shall be made of the best quality of iron; bridle 
chains made of the same quality of iron shall be attached 
to the main link, rope or rope socket from the cross-head 
of the cage or gunboat when persons are being lowered or 
hoisted thereon.§ 

39. Ropes, &c., to be examined daily.—The ropes, 

safety catches, links and chains shall be carefully examined 
every day they are used by a competent person delegated 
for that purpose, and any defects therein found by which 
life or limb may be endangered, shall be immediately rem¬ 
edied. II 

40. Brakes to drums.—An efficient brake shall be at¬ 
tached to every drum that is used for lowering or raising 
persons or material in any mine.^f 

41 . Flanges.—Flanges or horns of sufficient dimensions 
to prevent the rope from slipping off the said drum shall be 
provided and properly attached to the drum, and all ma¬ 
chines used for lowering or hoisting persons in mines shall 
be provided with an indicator to show the position of the 
cage, car or gunboat in the shaft or slope.** 

*Act of June 2d, 1891, art. 4, sec. 9, P. L., 176. 

fAct of June 2d, 1891, art. 4, sec. 10, P. L., 176. 

JAct of June 2d, 1891, art. 4, sec. 11, P. L., 176. 

fAct of June 2d, 1891, art. 4, sec. 12, P. L., 176. 

||Act of June 2d, 1891, art. 4, sec. 13, P. L., 176. 

j[Act of June 2d, 1891, art. 4, sec. 14, P. L., 176. 

**Act of June 2d, 1891, art. 4, sec. 15, P. L., 176. 






24 


COAL MINING LAWS OF PENNSYLVANIA. 


42. Structures to sustain pulleys.—Over all shafts 
which are being sunk or shall hereafter be sunk, a safe and 
substantial structure shall be erected to sustain the sheaves 
or pulleys at a height of not less than twenty feet above the 
tipping place, and the top of such shaft shall be arranged 
in such manner that no material can fall into the shaft 
while the bucket is being emptied* 

43. When pulley structures to be erected.—The 
said structure shall be erected as soon as a substantial 
foundation is obtained, and in no case shall a shaft be sunk 
to a depth of more than fifty feet without such structured 

44. Trucks.—If provision is made to land the bucket 
upon a truck, the said truck shall be constructed in such 
manner that material cannot fall into the shaft f 

45. Buckets—Safety-hook.—All rock and coal from 
shafts as they are being sunk, shall not be raised except in 
a bucket or on a cage, and such bucket or cage must be con¬ 
nected to the rope or chain by a safety-hook, clevis or other 
safe attachment. § 

46. Guides for buckets.—Such shafts shall be pro¬ 
vided with guides and guide attachments applied in such 
manner as to prevent the bucket from swinging while de¬ 
scending or ascending therein, and such guides and guide 
attachments shall be maintained at a distance of not more 
than seventy-five feet from the bottom of such shaft until 
its sinking shall have been completed, but this section shall 
not apply to shafts one hundred feet or less in depth.II 

47. Casing of shaft.—Where the strata are not safe 
every shaft shall be securely cased, lined or otherwise made 
secure.^ 

48. Buies as to shafts.—The following rules shall be 
observed, as far as practicable, in every shaft to which this 
act applies:— 

First. —After each and every blast the chargeman must 
see that all loose material is swept down from the timbers 
before the workmen descend to their work. 

Second. —After a suspension of work, and also after firing 
a blast in a shaft where explosive gases are evolved, the per- 


*Act of June 2d, 1891, art. 4, sec. 16, P. L., 176. 
fAct of June 2d, 1891, art. 4, sec. 17, P. L., 176. 
JAct of June 2d, 1891, art. 4, sec. 18, P. L., 176. 
$Act of June 2d, 1891, art. 4, sec. 19, P. L., 176. 
|| Act of June 2d, 1891, art. 4, sec. 20, P. L., 176. 
fAct of June 2d, 1891, art. 4, sec. 21, P. L., 176. 






STATUTES—ANTHRACITE REGION. 


25 


son in charge must have the said shaft examined and tested 
with a safety-lamp before the workmen are allowed to de¬ 
scend. 

Third .—Not more than four persons shall be lowered or 
hoisted in any shaft on a bucket at the same time, and 
no person shall ride on a loaded bucket. 

Fourth .—Whenever persons are employed on platforms 
in shafts the person in charge must see that the said plat¬ 
forms are properly and safely constructed. 

Fifth .—While shafts are being sunk all blasts therein 
must be exploded by an electric battery. 

Sixth .—Every person who fails to comply with or who 
violates the provisions of this article shall be guilty of an 
offense against this act.* 


5. BOILERS AND CONNECTIONS, MACHINERY, &c. 

49. Boilers. —All boilers used for generating steam in 
and about mines and collieries shall be kept in good order, 
and the owner, operator or superintendent shall have them 
examined and inspected by a qualified person as often as 
once in six months, and oftener if needed. The result of 
such examination, under oath, shall be certified in writing 
to the inspector for the district within thirty days there¬ 
after, t 

50. Position of boilers. —It shall not be lawful to place 
any boiler or boilers, for the purpose of generating steam 
under or nearer than one hundred feet to any coal-breaker 
or other structure in which persons are employed in the 
preparation of coal: Provided , That this section shall not 
apply to boilers or breakers already erected.£ 

51. Safety-valve. —Each nest of boilers shall be pro¬ 
vided with a safety-valve of sufficient area for the steam to 
escape and with weights or springs properly adjusted.! 

52. Steam-gauges. —Every boiler-house shall be pro¬ 
vided with a steam-gauge properly connected with the 
boilers, to indicate the steam pressure, and another steam- 
gauge shall be attached to the steam-pipe in the engine- 
house and placed in such position that the engineer or 





26 


COAL MINING LAWS OF PENNSYLVANIA. 


firemen can readily examine them and see what pressure 
is carried. Such steam-gauges shall be kept in good order, 
tested and adjusted as often as once in every six months 
and their condition reported to the inspector in the same 
manner as the report of boiler inspection.* 

53. Machinery to be covered—Guard rail—Tempo¬ 
rary removal of fence.—All machinery used in or about 
the mines and collieries, and especially in breakers, such as 
engines, rollers, wheels, screens, shafting and belting shall 
be protected by covering or railing so as to prevent persons 
from inadvertently walking against or falling upon the 
same. The sides of stairs, trestles and dangerous plank 
walks in and around the colliery shall be provided with 
hand and guard railing to prevent persons from falling 
over their sides. This section shall not forbid the tempo¬ 
rary removal of a fence, guard rail or covering for the 
purpose of repairs or other operations, if proper precautions 
are used, and the fence, guard rail or covering is replaced 
immediately thereafter.t 

54. Qualifications of engineer.—A sober and compe¬ 
tent person, not under eighteen years of age, shall be en¬ 
gaged to run the breaker engine and he shall attend to said 
engine while the machinery is in motion .t 

55. Signal apparatus.—A signal apparatus shall be 
established at important points in every breaker so that in 
case of an accident the engineer can be promptly notified to 
stop the machinery.§ 

56. Oiling machinery.—No person under fifteen years 
of age shall be appointed to oil the machinery, and no per¬ 
son shall oil dangerous parts of such machinery while it is 
in motion. II 

57. Loitering and interference.—No person shall play 

with, loiter around or interfere with any machinery in or 
about any mine or colliery. Tf 

58. Offense against the act.—Failure to comply with 
the provisions of this article shall be deemed an offense 
against this act.** 


*Act of June 2d, 1891, art. 5, sec. 4, P. L., 176. 

fAct of Jime 2d > 1891 > art - 5 > sec - 5 > p - L -> 176. See Honor vs. Albrigh- 
ton, 93 Pa., 475 (1880). 

+Act of June 2d, 1891, art. 5, sec. 6, P. L., 176. 
gAct of June 2d, 1891, art. 5, sec. 7, P. L., 176. 

|| Act of June 2d, 1891, art. 5, sec. 8, P. L., 176. 
f Act of June 2d, 1891, art. 5, sec. 9, P. L., 176. 

**Act of June 2d, 1891, art. 5, sec. 10, P. L., 176. 





STATUTES—ANTHRACITE REGION. 


27 


6. WASH-HOUSES. 

59. Provision for wash-houses. —It shall be the duty 

of the owner, operator or superintendent of each mine or 
colliery, at the request in writing of twenty or more men 
employed in any of the mines, to provide a suitable build¬ 
ing, not an engine or boiler house, which shall be conve¬ 
nient to the principal entrance of such mine, for the use of 
the persons employed therein for the purpose of washing 
themselves and changing their clothes when entering the 
mine and returning therefrom. The said building shall be 
maintained in good order, be properly lighted and heated, 
and be supplied with pure cold and warm water, and shall 
be provided with facilities for persons to wash. If any 
person or persons shall neglect or fail to comply with the 
provisions of this article, or maliciously injure or destroy, 
or cause to be injured or destroyed, the said building or 
any part thereof, or any of the appliances or fittings used 
for supplying light, heat and water therein, or doing any 
act tending to the injury or destruction thereof, he or they 
shall be deemed guilty of an offense against this act.* 


7. AMBULANCES AND STRETCHERS. 


60. Ambulances and stretchers. —The owner, oper¬ 
ator or superintendent of every mine or colliery, except as 
hereinafter provided, shall provide and keep at such mine 
or colliery an ambulance and also at least two stretchers, 
for the purpose of conveying to their places of abode any 
person or persons who may be injured while in the dis¬ 
charge of his or their work at such mine or colliery.+ 

61. Construction of ambulance and stretcher.— 
The said ambulance shall be constructed upon good, sub¬ 
stantial and easy springs. It shall be covered and closed 
and shall have windows on the sides or ends. It shall be of 
sufficient size to convey at least two injured persons with 
two attendants at one time, and shall be provided with 
spring mattresses or other comfortable bedding to be placed 
on roller frames, together with sufficient covering and pro¬ 
tection and convenient movement of the injured. It shall 
also be provided with seats for the attendants. . The stretch¬ 
ers shall be constructed of such material and in such man- 


*Act of June 2d, 1891, art. 6, sec. 1, P. L., 176. 





28 


COAL MINING LAWS OF PENNSYLVANIA. 


ner as to afford the greatest ease and comfort in the carriage 
of the injured person.* 

62. Removal of injured person. —Whenever any per¬ 
son or persons employed in or about a mine or colliery shall 
receive such injury by accident or otherwise, while so em¬ 
ployed, as would render him or them unable to walk to 
his or their place of abode, the owner, operator or superin¬ 
tendent of such mine or colliery shall immediately cause 
such person or persons to be removed to his or their place 
of abode, or to an hospital, as the case may require.t 

63. When no ambulance need be provided. —It is 
provided, however, that the owner, operator or superin¬ 
tendent of any mine or colliery shall be excepted from the 
requirement of an ambulance, as aforesaid, if the places of 
abode of all the workmen at such mine or colliery be with¬ 
in a radius of a half mile from the principal entrance to 
such mine.f 

64. One ambulance for two collieries. —It is pro¬ 
vided further, that where two or more mines or collieries 
are located within one mile of each other, or the ambulance 
is located within one mile of each colliery, but one ambu¬ 
lance, as aforesaid, shall be required, if the said mines or 
collieries have ready and quick means of communication, 
one with the other, by telegraph or telephoned 

65. No ambulance required when less than twen¬ 
ty persons employed. —An ambulance, as aforesaid, shall 


*Act of June 2d, 1891, art. 7, sec. 2, P. L., 176. 
fAct of June 2d, 1891, art. 7, sec. 3, P. L., 176. 

On April 20th, 1885, the Deputy Attorney-General, Snodgrass, in con¬ 
struing the earlier acts of May 10th, 1881, and May 25th, 1883, said:— 

“ I take it that the purpose of these acts is to secure the greatest pos¬ 
sible comfort to injured persons in conveying them from the mines, and 
whilst the act of 1883 seems to require that in all cases injured persons 
shall he conveyed to their homes in ambulances , yet it is scarcely possible that 
the legislature intended to prohibit all other means of conveyance re¬ 
gardless of the comfort, and perhaps the life, of the person injured. 

Some discretion must certainly be left to those in charge, and if it is 

manifestly necessary to adopt some other mode of conveyance, in order 
to secure the comfort and safety of the person injured, I have no hesita¬ 
tion in saying that it ought to be used. I can readily conceive of cases 
where it would be downright cruelty to compel the use of a conveyance. 
The comfort of the injured person is the great desideratum, , and if that 
can be enhanced by a relaxative of the apparently hard rule laid down 
in the act of 1883, 1 should certainly advise it.” 

By the act of June 14th, 1887, provision was made for the erection of 
a hospital at Hazleton for the middle coal field. 
fAct of June 2d, 1891, art. 7, sec. 4, P. L., 176. 

§Act of June 2d, 1891, art. 7, sec. 5, P. L., 176. 




STATUTES—ANTHRACITE REGION. 


29 


not be required at any mine or colliery at which less than 
twenty persons are employed.* 

66. TJse of railroad instead of ambulance.—In case 
the distance from any mine or colliery to the place of abode 
of the person injured is such as to permit his conveyance to 
his home or to an hospital more quickly and conveniently 
by railway, such mode of conveyance shall be permitted, 
but in such case the conveyance must be under cover and 
the comfort of the injured person must be provided for.t 

8. CERTIFIED MINE FOREMAN. 

67. Mine foreman to have certificate.—It shall not 
be lawful, neither shall it be permitted, for any person or 
persons to act as mine foreman or assistant mine foreman 
of any coal mines or colliery, unless they are registered as a 
holder of a certificate of qualification or service under this 
act.f 

68. How certificates obtained.—Certificates of quali¬ 
fication to mine foreman and assistant mine foremen shall 
be granted by the secretary of internal affairs to every 
applicant who may be reported by the examiners, as here¬ 
inafter provided, as having passed a satisfactory examina¬ 
tion and as having given satisfactory evidence of at least 
five years’ practical experience as a miner, and of good con¬ 
duct, capability and sobriety. 

Form of certificate.—The certificate shall be in man¬ 
ner and form as shall be prescribed by the secretary of 
internal affairs, and a record of all certificates issued shall 
be kept in his department. § 

69. Board of examiners for mine foreman.—For 

the purpose of examination of candidates for such certifi¬ 
cates, a board of examiners shall be appointed in each of 
the inspection districts provided for by this act. The said 
board shall consist of the district inspector of mines, two 
practical miners and one owner, operator or superinten¬ 
dent of a mine. The said inspector shall act ex officio , and 
the said engineer and owner, operator or superintendent 




30 


COAL MINING LAWS OF PENNSYLVANIA. 


shall be appointed in like manner and at the same time as 
the hoards of examiners for candidates for mine inspector¬ 
ship under this act are now appointed. The said board 
shall act as such for the period of one year from the date of 
their appointment. Meetings of the board may be held at 
any time, and they may make such rules and conduct such 
examinations as in their judgment may seem proper for the 
purpose of such examinations. The said board shall report 
their action to the secretary of internal affairs, and at 
least three of the members thereof shall certify to the qual¬ 
ification of each candidate who has passed such examina¬ 
tion. The traveling expenses of the members of such board 
to and from their place of meeting, together with the sum 
of five dollars per day each to the said two practical miners 
and owner, operator, or superintendent, members of each 
board, for each day they are actually engaged therein, not 
exceeding ten days in all, during the year, shall be paid by 
the Commonwealth on an order of the auditor-general 
drawn on the State treasurer upon the certificate of the 
mine inspector, member of such board.* 


*Act of June 2d, 1891, art. 8, sec. 3, P. L., 176. 

On June 28th, 1891, Deputy Attorney General Stranahan, in reply to 
a request for the construction of this section, said :— 

“ Your letter of June 19th, 1891, requesting the opinion of this of¬ 
fice on section 3, article 8 of the act of Assembly ‘ to provide for the 
health and safety of persons employed in and about the anthracite coal 
mines of Pennsylvania, and for the protection and preservation of prop¬ 
erty connected therewith/ approved June 2d, 1891, in regard to the ap¬ 
pointment and qualification of mine foremen and assistant mine foremen, 
has been received. 

“Under the terms of this act, and especially section 3 of article 8, 
the appointment of the board, which consists of the district inspector 
of mines, two practical miners and one owner, operator, or superin¬ 
tendent of a mine, or, in fact, of any officers mentioned in this sec¬ 
tion or in the act, is to be made at ‘the first term of court in each 
year/ and, as this time has already passed in 1891, there could not be 
an appointment of these officers under this act until the first term of 
court in 1892. 

“It will be observed that this act repeals all parts of the act of 1885 
inconsistent or in conflict with the provisions of this act. As the act of 
1885 relates to the same subject-matter, it is repealed by the act of 1891. 
Under the act of 1885, the appointments of the board of examiners, mine 
foremen, assistant mine foremen, &c., as mentioned in your letter, were 
made for one year, it is my opinion these officers will continue and per¬ 
form the duties under this act (which are essentially similar to those 
required by the act of 1885) during the time for which they were ap¬ 
pointed. 

“The act of 1891 does not seem to have provided for the appointment 
of its officers for the year 1891, and therefore is not inconsistent with the 
continuance of the officers appointed or now holding office under the act 





STATUTES—ANTHRACITE REGION. 


31 


70. Certificates.—Certificates of qualification to mine 
foreman and assistant mine foreman shall be granted by 
the secretary of internal affairs to every applicant who 
may be reported by the examiners, as heretofore provided, 
as having passed a satisfactory examination and as having 
given satisfactory evidence of at least five years’ practical 
experience as a miner, and of good conduct, capability and 
sobriety. r Phe certificate shall be in manner and form as 
shall be prescribed by the secretary of internal affairs, and 
a record of all certificates issued shall be kept in the depart¬ 
ment. Certificates of qualification and certificate of service 
shall contain the full name, age and place of birth of the 
applicant, as also the length and nature of his previous serv¬ 
ice in or about the mines.* * 

71. Fees for certificates.—Before certificate as afore¬ 
said shall be granted, applicants for same shall pay to the 
secretary of internal affairs the following fee, namely:— 

For examination, one dollar; for registration of certifi¬ 
cate, one dollar; for certificate, one dollar. All fees so re¬ 
ceived shall be covered into the treasury of the Common¬ 
wealth .+ 

72. Penalty for operating without a mine fore¬ 
man.—No mines shall be operated for a longer period than 
thirty days without the supervision of a mine foreman. In 
case any mine is worked a longer period than thirty days 
without such certified mine foreman, the owner, operator or 
superintendent thereof shall be subject to a penalty of twen¬ 
ty dollars per day for each day over the said thirty days 
during which the said mine is operated. J 

73. Lost certificate.—In case of the loss or destruction 
of a certificate, the secretary of internal affairs may supply 
a copy thereof to the person losing the same upon the pay¬ 
ment of the sum of fifty cents: Provided, It shall be shown 
to the satisfaction of the secretary that the loss has actually 
occur red. § 

74. Forged certificate—False statement in certifi¬ 
cate.—If any person or persons shall forge or counterfeit a 


of 1885. Under the act of 1891 no appointments can be made before the 
first term of court in the year 1892. 

“ It would be advisable for the officials holding certificates under the 
act of 1885 to qualify under the act of 1891.” 

*Act of June 2d, 1891, art. 8, sec. 4, P. L., 176. See Colliery Engineer, 
September, 1891, page 36. 

f Act of June 2d, 1891, art. 8, sec. 5, P. L., 176. 

JAct of June 2d, 1891, art. 8, sec. 6, P. L., 176. 
lAct of June 2d, 1891, art. 8, sec. 7, P. L., 176. 






32 


COAL MINING LAWS OF PENNSYLVANIA. 


certificate or knowingly make or cause to be made any false 
statement in any certificate, under this act, or in any official 
copy of the same, or shall urge others to do so, or shall utter 
or use any such forged or false certificate or unofficial copy 
thereof, or shall make, give, utter, produce or make use of 
any false declaration, representation or statement in any 
such certificate or copy thereof, or any document containing 
the same, he or they shall be guilty of a misdemeanor, and 
upon conviction thereof shall be fined two hundred dollars 
or imprisoned for a term not exceeding one year, or both, at 
the discretion of the court trying the case.* 

75. Experience of fire boss.—And no person shall be 
permitted to act as fire boss in any coal mine or colliery ex¬ 
cept he has had five years’ practical experience in mines as 
a miner, three of which he shall have as a miner wherein 
noxious and explosive gases are evolved, and the said fire 
boss shall certify to the same before entering upon his duties, 
before an alderman, justice of the peace or other person au¬ 
thorized to administer oaths, and a copy of said deposition 
shall be filed with the district inspector of mines wherein 
said person is employed.t 

9. EMPLOYMENT OF BOYS AND FEMALES. 

76. Boys and females not to be employed in col¬ 
liery.—No boy under the age of fourteen years, and no 
woman or girl of any age, shall be employed or permitted 
to be in any mine for the purpose of employment therein. 
Nor shall a boy under the age of twelve years or a woman 
or girl of any age, be employed or permitted to be in or 
about the outside structures or workings of a colliery for the 
purpose of employment; but it is provided, however, that 
this prohibition shall not affect the employment of a boy or 
female of suitable age in an office or in the performance of 
clerical work at a colliery.j; 

77. How age shall be determined.—When an em¬ 
ployer is in doubt as to the age of any boy or youth apply¬ 
ing for employment in or about a mine or colliery, he shall 
demand and receive proof of the said lawful employment 


*Act of June 2d, 1891, art. 8, sec. 8, P. L., 176. 
f Act of June 2d, 1891, art. 8, sec. 9, P. L., 176. 

JAct of June 2d, 1891, art. 9, sec. 1, P. L., 176. See also act of June 
30th, 1885, P. L., 202, which prohibits the employment of female labor in 
and about coal mines. 




STATUTES—ANTHRACITE REGION. 


age of such boy or youth, by certificate from the parent or 
guardian, before said boy or youth shall be employed.* 

78. Penalty.—If any person or persons contravene or 
fail to comply with the provisions of this act in respect to 
the employment of boys, young male persons or females, or 
if he or they shall connive with or permit others to contra¬ 
vene or fail to comply with said provisions, or if a parent 
or guardian of a boy or young male person make or give a 
a false certificate of the age of such boy or young male 
person, or knowingly do or perform any other act for the 
purpose of securing employment for a boy or young male 
person under the lawful employment age and in contraven¬ 
tion of the provisions of this act, he or they shall be guilty 
of an offense against this aet.t 

10. VENTILATION. 

79. Provision for ventilation.—The owner, operator 
or superintendent of every mine shall provide and maintain 
a constant and adequate supply of pure air for the same, as 
hereinafter provided.^: 

80. Furnaces prohibited.—It shall not be lawful to 
use a furnace for tlie purpose of ventilating any mine 
wherein explosive gases are generated. § 

81. Minimum quantity of air.—The minimum quan¬ 
tity of air thus produced shall not be less than two hundred 
cubic feet per minute for each and every person employed 
in any mine, and as much more as the circumstances may 
require.il 

82. Ventilating currents.—The ventilating currents 
shall be conducted and circulated to and along the face of 
each and every working place throughout the entire mine 
in sufficient quantities to dilute, render harmless, and sweep 
away smoke and noxious or dangerous gases to such an ex¬ 
tent that all working places and traveling roads shall be in 
a safe and fit state to work and travel therein.^ 


*Act of June 2d, 1891, art. 9, sec. 2, P. L., 176. 
fAct of June 2d, 1891, art. 9, sec. 3, P. L., 176. 

tAct of June 2d, 1891, art. 10, sec. 1, P. L., 176. See Com. vs. Hutchi¬ 
son, 4 Co. Ct. Rep., 18 (1888); Com. vs. Coonrood, 3 Kulp, 381 (1885); 
Welsh vs. Lehigh & Wilkesbarre Coal Co., 3 Cent. Rep., 386 (1886); Com. 
vs. Reynolds, 1 Kulp., 218 (1882); Com. vs. Haddock, 1 Kulp., 320 (1882). 
gAct of June 2d, 1891, art. 10, sec. 2, P. L., 176. 

|| Act of June 2d, 1891, art. 10, sec. 3, P. L., 176. 
j[Act of June 2d, 1891, art. 10, sec. 4, P. L., 176. 





34 


COAL MINING LAWS OF PENNSYLVANIA. 


83. Abandoned parts of mine.—All worked out or 
abandoned parts of a mine in operation, so far as practica¬ 
ble, shall be kept free of dangerous bodies of gases or water, 
and if found impracticable to keep the entire mine free 
from an accumulation of gases or water, the mine inspector 
must be immediately notified * 

84. Mine divided into districts.—Every mine employ¬ 
ing more than seventy-five persons must be divided into two 
or more districts. Each district shall be provided with a 
separate split of pure air, and the ventilation shall be so ar¬ 
ranged that not more than seventy-five persons shall be 
emplo} r ed at the same time in any one current or split of air. 

Inlet and return air-passages.—The inlet and return 
air-passages for any particular district must be separated by 
a pillar of coal or stone, if the thickness and dip of the vein 
will permit, except where it is necessary to cut through said 
dividing pillar for the purposes of ventilation, traffic or 
drainage.t 

85. Area of air-passages—Velocity.—All air-passages 
shall be of sufficient area to allow the free passage of not 
less than two hundred cubic feet of air per minute for 
every person working therein; and in no case, in mines gen¬ 
erating explosive gases, shall the velocity exceed four hun¬ 
dred and fifty lineal feet per minute, in any opening through 
which the air currents pass, if gauze safety-lamps are used, 
except in the main inlet or outlet airways, t 

86. Cross-cuts to be closed.—All cross-cuts connecting 
the main inlet and outlet air-passages of every district, when 
it becomes necessary to close them permanently, shall be 
substantially closed with brick or other suitable building 
material, laid in mortar or cement whenever practicable, but 
in no case shall said air stoppings be constructed of plank 
except for temporary purposes. § 

87. Doors must close automatically.—All doors used 


*Act of June 2d, 1891, art. 10, sec. 5, P. L., 176. 

tAct of June 2d, 1891, art. 10, sec. 6, P. L., 176. In Welsh vs. Lehigh 
& Wilkesbarre Coal Co., 3 Cent. Rep., 386 (1886), it was held that the 
ventilation law of March 3d, 1870, did not become applicable to an air- 
shaft until a communication had been formed between it and the mine. 
In such a case it was held that the employes of an independent contractor 
engaged in sinking the shaft had no right of action against the general 
owners of the mine for a personal injury sustained in the work. 

+Act of June 2d, 1891, art. 10, sec. 7, P. L., 176. The mine foreman has 
no discretion as to the minimum quantity of air to be circulated in the 
mine. Com. vs. Hutchison, 4 Co. Ct. Rep., 18 (1888). 

gAct of June 2d, 1891, art. 10, sec. 8, P. L., 176. 




STATUTES—ANTHRACITE REGION. 


in assisting or in any way affecting the ventilation shall be 
so hung and adjusted that they will close automatically * 

88. Main doors must have attendant.—All main 
doors shall have an attendant whose constant duty it shall 
be to open them for transportation and travel and prevent 
them from standing open longer than is necessary for per¬ 
sons or cars to pass thro ugh. t 

89. How main doors shall be placed.—All main doors 
shall be so placed that when one door is open, another, 
which lias the same effect upon the same current, shall be 
and remain closed and thus prevent any temporary stoppage 
of the air current.^ 

90. Extra main door.—An extra main door shall be so 
placed and kept standing open, so as to be out of reach of 
accident, and so fixed that it can be at once closed in the 
event of an accident to the doors in use.§ 

91. Framework of main doors.—The framework of 
such main doors shall be substantially secured in stone or 
brick, laid in mortar or cement unless otherwise permitted 
in writing by the inspector.il 

92. Permanent air bridges.—All permanent air bridges 
shall be substantially built of such material and of such 
strength as the circumstances may require.! 

93. Air measurements.—The quantities of air in cir¬ 
culation shall be ascertained with an anemometer or other ef¬ 
ficient instrument; such measurements shall be made by the 
inside foreman or his assistant once every week at the inlet 
and outlet airw r ays, also at or near the face of each gangway 
and at the nearest cross-heading to the face of the inside and 
outside chamber or breast where men are employed, and the 
headings shall not be driven more than sixty feet from the 
face of each chamber or breast and shall be entered in the 
colliery report-book.** 

94. Report of air measurements.—A report of these 
air measurements shall be sent to the inspector before the 


*Act of June 2d, 1891, art. 10, sec. 9, P. L., 176. A mining boss has no 
discretion in the performance of his duties; thus if he fails to provide a 
proper door as required by law he cannot^ay that the door was unneces¬ 
sary. Com. vs. Reynolds, 1 Kulp, 218 (1882). 

fAct of June 2d, 1891, art. 10, sec. 10, P. L., 176. 

JAct of June 2d, 1891, art. 10, sec. 11, P. L., 176. 

Uct of June 2d, 1891, art. 10, sec. 12, P. L., 176. 
j|Act of June 2d, 1891, art. 10, sec. 13, P. L., 176. 

!Act of June 2d, 1891, art. 10, sec. 14, P. L., 176. 

**Act of June 2d, 1891, art. 10, sec. 15, P. L., 176. 




36 


COAL MINING LAWS OF PENNSYLVANIA. 


twelfth day of each month, for the preceding month, to¬ 
gether with a statement of the number of persons employed 
in each district * 

95. Ventilators—Recording instruments.—All ven¬ 
tilators used at mines shall be provided with recording 
instruments by which the speed of the ventilators or the 
ventilating pressure shall be registered for each hour, and 
such data shall be preserved at the colliery for future refer¬ 
ence, for a period of three months.t 

96. Penalty.—Any person or persons who shall neglect 
or fail to comply with the provisions' of this article, or who 
• shall make any false report in regard to air measurements 
shall be guilty of an offense against this act4 

11. PROPS AND TIMBERS. 

97. Props and timbers.—It shall be the duty of the 
owner, operator, superintendent or mine foreman of every 
mine to furnish to the miners all props, ties, rails and tim¬ 
bers necessary for the safe mining of coal and for the pro¬ 
tection of the lives of the workmen. Such props, ties, rails 
and timbers shall be suitably prepared and shall be de¬ 
livered to the workmen as near to their working places as 
they can be conveyed in ordinary mine cars, free of charge. § 

98. Workmen must notify foreman.—Every work¬ 
man in want of props, ties, rails or timbers shall notify the 
mine foreman or his assistant of the fact at least one day in 
advance, giving the length of the props or timber required; 
and in case of danger from loose roof or sides, he shall not 
continue to cut or load coal until the said props and timber 
have been properly furnished and the place made secure.! 

99. Failure to comply with act.—A failure to com¬ 
ply with the provisions of this article shall be deemed an 
offense against this act, and shall be taken to be negligence 
per se on the part of the owner, operator, superintendent or 


*Act of June 2d, 1891, art. 10, sec. 16, P. L., 176. 

fAct of June 2d,' 1891, art. 10, sec. 17, P. L., 176. 

JAct of June 2d, 1891, art. 10, sec. 18, P. L., 176. 

£Act of June 2d, 1891, art. 11, sec. 1, P. L., 176. 

|| Act of June 2d, 1891, art. 11, sec. 2, P. L., 176. In order to sustain an 
indictment for not furnishing props, &c., it must be shown that a specific 
demand had been made at least one day in advance, giving the length of 
the props or timber required. A general demand by a committee of 
workmen and a general refusal is not sufficient. Com. vs. Richmond, 
2 C. P., 189. 






STATUTES—ANTHRACITE REGION. 


37 


mine foreman, as the case may be, of such mine, in action 
for the recovery of damages for accidents resulting from the 
insufficient propping of such mine, through failure to fur¬ 
nish the necessary props or timbers.* 


12. GENERAL RULES. 

100. General rules.— The following general rules shall 
be observed in every mine to which this act applies.t 

Mine foreman. — Rule 1. The owner, operator, or super¬ 
intendent of a mine or colliery shall use every precaution to 
insure the safety of the workmen in all cases, whether pro¬ 
vided for in this act or not, and he shall place the under¬ 
ground workings thereof, and all that is related to the same 
under the charge and daily supervision of a competent per¬ 
son who shall be called “ mine foreman.” 


*Act of June 2d, 1891, art. 11, sec. 3, P. L., 176. 

fAct of June 2d, 1891, art. 12, sec. 1, P. L., 176. The act of June 30th, 
1885, Art. XIII., P. L., 218, provided for a system of special rules to be 
established by the owners or operators of collieries. The act of June 2d, 
1891, does not re-enact Art. XIII. of the act of 1885 in express terms, but 
as the article is apparently neither inconsistent nor in conflict with the 
act of 1891, it is deemed best in the absence of judicial decision to the 
contrary to insert the article, which is as follows :— 

Article XIII. Provisions for special rules. 

Section 1 . There shall be established in every mine or colliery, to 
which this act applies, such rules for the conduct and guidance of the 
persons acting in the management of such mine or colliery, or employed 
in or about the same, as under the particular state and circumstances of 
such mine or colliery may appear best calculated to prevent dangerous 
accidents and to provide for the safety and proper discipline of the per¬ 
sons employed in and about the mine or colliery; and such special rules 
when established shall be signed by the inspector, who is the inspector 
of the district at the time such rules are established, and shall also be 
approved by the court of the county in which the mine or colliery is 
located, and after having been so signed or approved, the said special rules 
shall be observed in and about every such mine or colliery in the same 
manner as if they were enacted in this act. 

Sec. 2. If any person, who is bound to observe the special rules es¬ 
tablished for any mine or colliery, acts in contravention of, or fails to 
comply with, any of such special rules, he shall be guilty of an offense 
against this act, and the owner, operator or superintendent of such mine 
shall also be guilty of an offense against this act, unless he proves that 
he had taken all reasonable means, by publishing and to the best of his 
power enforcing the said rules as regulations for the workings of the 
mine or colliery, so as to prevent such contravention or non-compliance. 

Sec. 3. The owner, operator, or superintendent of every mine or col¬ 
liery, to which this act applies, shall forward to the inspector of his dis¬ 
trict, for his approval, a copy of the proposed special rules for such mine 
or colliery within three months after the commencement of this act, 
or within three months after the commencement of any work for the 






38 


COAL MINING LAWS OF PENNSYLVANIA. 


Assistant mine foreman. —Rule 2. Whenever a mine 
foreman cannot personally carry out the provisions of this 
act so far as they pertain to him, the owner, operator or 
superintendent shall authorize him to employ a sufficient 
number of competent persons to act as his assistants, who 
shall be subject to his orders. 


purpose of opening a new mine, or renewing the working of an old mine. 
The proposed special rules, together with a printed notice specifying that 
any objection to such rules on the ground of anything contained therein 
or omitted therefrom, may be sent by any of the persons employed in 
the mine to the inspector of the district, at his address stated in such 
notice, shall, during not less than two weeks before such rules are trans¬ 
mitted to the inspector, be posted up in like manner as is provided in 
this act respecting the publication of special rules for the information of 
persons employed in the mine, and a certificate that such rules and 
notices have been so posted up shall be sent to the inspector with the 
rules signed by the persons sending the same. 

If the rules are not objected to by the inspector or by the court 
within thirty days after their receipt by him, they shall be established. 

If the inspector is of the opinion that the proposed special rules, or 
any of them, do not sufficiently provide for the prevention of dangerous 
accidents in the mine or colliery, or for the safety of the persons em¬ 
ployed in or about the mine or colliery, or are unreasonable, he may, 
within thirty days after the receipts of the rules, object to them and pro¬ 
pose to the owner, operator or superintendent, in writing, any modifica¬ 
tions in the rules by way of omission, alteration, substitution, or addition. 

If the owner, operator or superintendent does not, within twenty 
days after the receipt of the proposed modifications, object to them in 
writing, the proposed special rules, with such modifications, shall be 
established. 

If the* owner, operator or superintendent sends his objections in 
writing within the said twenty days, the matter shall be referred to arbi¬ 
tration, and the rules shall be established as settled by an award or arbi¬ 
tration. 

. Sec. 4. After special rules have been established under this act in any 
mine or colliery, the owner, operator or superintendent of such mine or 
colliery may, from time to time, propose in writing to the inspector, or the 
inspector may, from time to time, propose in writing to the owner, opera¬ 
tor or superintendent of the mine or colliery, any new special rules, or 
any amendment to the special rules, and the provisions of this act with 
respect to the original special rules shall apply to all such amendments 
and new rules in like manner, as near as may be, as they apply to the 
original rules. 

Sec. 5. For the purpose of making known the special rules and the 
provisions of this act to all persons employed in or about such mine or 
colliery, to which this act applies, an abstract of the act, together with 
the special rules, shall be posted up, in legible characters, in some con¬ 
spicuous place or places at or near the mine or colliery, where they may 
be conveniently read by the persons employed, and so often as the same 
becomes defaced, obliterated or destroyed, the owner, operator or super¬ 
intendent, shall .cause them to be renewed with all reasonable dispatch. 

Every person who pulls down, injures or defaces any abstract or 
special rules, when posted up in pursuance to the provisions of this act, 
shall be guilty of an offense against this act. 






STATUTES—ANTHRACITE REGION. 


39 


Ventilation. —Rule 3. The mine foreman shall have 
charge of all matters pertaining to ventilation, and the speed 
of the ventilators shall be particularly under his charge and 
direction; and any superintendent who shall cause the mine 
foreman to disregard the provisions of this act shall be 
amenable in the same manner as the mine foreman.* 

Examination of abandoned parts of mines. — Rule 4- 
All accessible parts of an abandoned portion of a mine in 
which explosive gases have been found, shall be carefully 
examined by the mine foreman or his assistants at least 
once a week, and all danger found existing therein shall be 
immediately removed. A report of said examination shall 
be recorded in a book kept at the colliery for that purpose 
and signed by the person making the same. 

Mines generating gases. — Rule 5. In mines generating 
explosive gases, the mine foreman or his assistant shall 
make a careful examination every morning of all working 
places and traveling roads and all other places which might 
endanger the safety of the workmen, before the workmen 
shall enter the mine, and such examination shall be made 
with a safety-lamp within three hours at most, before time 
for commencing work, and a workman shall not enter the 

*It is the duty of the mine foreman to see that the ventilation re¬ 
quired by the act is furnished, and this duty he cannot delegate to an¬ 
other. In Commonwealth vs. Hutchison, 4 County Court Itep., 18 (1888), 
Rockefeller, P. J., said: “The act of Assembly says: ‘The ventilation 
currents shall be conducted and circulated to and along the face of every 
working place throughout the entire mine in sufficient quantities to 
dilute, &c./ and ‘the mine foreman shall have charge of all matters 
pertaining to ventilation, &c/ He is, therefore, charged with the im¬ 
portant duty of seeing that the ventilation currents are conducted and 
circulated as the law requires. This is a personal duty. He must see 
that it is done. It is a duty which he cannot delegate to another. Com¬ 
monwealth vs. Reynolds, 1 Kulp, 218. “ He cannot escape responsibility 
by telling an assistant to tell the men at work in the mines to do it. 
He must personally see that it is done. The laws of the State require it. 
It is not a question between the mine foreman and the workmen in the 
mines. It is a question between the Commonwealth and the mine fore¬ 
man. It is for the protection of the lives of her citizens that she has 
enacted a law that every person employed as mine foreman shall see 
to it that coal mines are ventilated in the manner described in such law. 
If a workman neglects to do what he is told, in consequence of which 
the lives of himself and his companions are lost, the mine foreman can¬ 
not be excused simply because his orders were not carried out in his ab¬ 
sence. If the court do not hold this to be law then hundreds, and per¬ 
haps thousands, of lives may constantly be exposed to danger on account 
of some workman disobeying the orders of the mine foreman in his ab¬ 
sence. As already stated, it will not do to hold that the duties of a mine 
foreman can be delegated to others, not even to the workmen in the 
mines.” 





40 


COAL MINING LAWS OF PENNSYLVANIA. 


mine or his working place until the said mine or part there¬ 
of and working place are reported to be safe. Every report 
shall be recorded without delay in a book which shall be 
kept at the colliery for the purpose and shall be signed by 
the person making the examination.* 

Proof of examination. —Rule 6. The person who makes 
said examination shall establish proof of the same by mark¬ 
ing plainly the date thereof at the face of each working 
place and all other places examined. 

Stations. —Rule 7 . A station or stations shall be estab¬ 
lished at the entrance to each mine or different parts of each 
mine, as the case may require, and a workman shall not pass 
beyond any such station until the mine or part of the mine 
beyond the same has been inspected and reported to be safe. 
It shall be the duty of the fire boss to remain at the danger 
station until relieved by some person authorized by himself 
or the mine foreman, who shall stand guard until said mine 
or part of mine shall be reported safe, and he shall not let 
any person pass without permission from the fire boss. 

Withdrawal of workmen when gases are found.— 
Rule 8. If at any time it is found by the person for the time 
being in charge of the mine or any part thereof, that by 
reason of noxious gases prevailing in such mine or such 
part thereof, or of any cause whatever the mine or the said 
part is dangerous, every precaution shall be used to insure 
the safety of the workmen; and every workman, except 
such persons as may be required to remove the danger, shall 
be withdrawn from the mine, or such part thereof as is so 
found dangerous, until the said mine or said part thereof 
is examined by a competent person and reported by him 
to be safe.t 

Safety-lamps.— Rule 9. In every working approaching 
any place where there is likely to be an accumulation of ex¬ 
plosive gases, or in any working in which danger is im¬ 
minent from explosive gases, no light or fire other than a 
locked safety-lamp shall be allowed or used. Whenever 


*The person who performs the duties ordered by this rule must be 
registered as prescribed by sec. 4, art. VIII. Per Gunster, J. Colliery 
Engineer , September, 1891, page 36. 

tin Com. vs. Coonrod, 3 Kulp, 381 (1885), it was held, that if by reason 
of noxious gases, or of any cause whatever, an anthracite coal mine has 
become dangerous, it is the duty of the mine foreman to compel every 
workman to retire from the mine, and to remain out until after a proper 
examination of its condition has been made, and that failure to do this 
is negligence and a disobedience of the law. 




STATUTES—ANTHRACITE REGION. 


41 


safety-lamps are required in any mine they shall be the 
property of the owner of said mine, and a competent per¬ 
son who shall be appointed for the purpose, shall examine 
every safety-lamp immediately before it is taken into the 
workings for use, and ascertain it to be clean, safe and se¬ 
curely locked, and safety-lamps shall not be used until they 
have been so examined and found safe, clean and securely 
locked, unless permission be first given by the mine fore¬ 
man to have the lamps used unlocked. 

Keys for safety-lamps—Matches. —Rule 10. No one, 
except a duly authorized person shall have in his possession 
a key or any other contrivance for the purpose of unlocking 
any safety-lamp in any mine where locked lamps are used. 
No lucifer matches or any other apparatus for striking 
light shall be taken into said mine or parts thereof. 

Blasts.— Rule 11. No blast shall be fired in any mine 
where locked safety-lamps are used except by permission of 
the mine foreman or his assistants, and before a blast is 
fired, the person in charge must examine the place and ad¬ 
joining places and satisfy himself that it is safe to fire such 
blast before such permission is given. 

Mine foreman to visit mines. —Rule 12. The mine 
foreman or his assistant shall visit and examine every 
working place in the mine at least once every alternate 
day, while the men of such place are or should be at work, 
and shall direct that each and every working place is prop¬ 
erly secured by props or timber, and that safety in all re¬ 
spects is assured by directing that all loose coal or rock 
shall be pulled down or secured, and that no person shall 
be permitted to work in an unsafe place unless it be for the 
purpose of making it secure. 

Examine slopes.— Rule 13. The mine foreman, or 
some other competent person or persons to be designated 
by him, shall examine at least once every day all slopes, 
shafts, main roads, traveling-ways, signal apparatus, pul¬ 
leys and timbering and see that they are in safe and effi¬ 
cient working condition. 

Roofs and sides. —Rule H. Any person having charge 
of a working place in any mine shall keep the roof and 
sides thereof properly secured by timber or otherwise so as 
to prevent such roofs and sides from falling, and he shall 
not do any work or permit any work to be done under loose 
or dangerous material except for the purpose of securing 
the same. 




42 


COAL MINING LAWS OF PENNSYLVANIA. 


Accumulation of water.— Rule 15. Whenever a place 
is likely to contain a dangerous accumulation of water, the 
working approaching such place shall not exceed twelve 
feet in width, and there shall be constantly kept, at a dis¬ 
tance of not less than twenty feet in advance, at least one 
bore hole near the centre of the working and sufficient flank 
bore holes on each side. 

Riding on loaded car.— Rule 16. No person shall ride 
upon or against any loaded car, cage or gunboat in any 
shaft, slope or plane in or about a mine or colliery. 

Hoisting of persons.— Rule 17. Not more than ten 
persons shall be hoisted or lowered at any one time in 
any shaft or slope, and whenever five persons shall arrive 
at the bottom of any shaft or slope in which persons are 
regularly hoisted or lowered they shall be furnished with 
an empty car or cage and be hoisted, except however, in 
mines where there is provided a traveling-way having an 
average pitch of fifteen degrees or less and not more than 
one thousand feet in length. This, however, shall not 
prohibit the hoisting or lowering of twenty persons at 
one time on slopes where two or more loaded cars are 
regularly hoisted: Provided, That not less than thirty 
workmen working therein, make such a request in writing, 
to the inspector of the district, and if, in his judgment, the 
hoisting appliances in every respect are of sufficient strength, 
he may comply with the request of the workmen : 

Provided, That in any coal mine or colliery where the 
hoisting appliances are not of sufficient strength to hoist or 
lower the number of persons named, he shall have the 
power to reduce the number of persons to be hoisted or 
lowered. 

Engineer. —Rule 18. An engineer placed in charge of an 
engine whereby persons are hoisted or lowered in any mine, 
shall be a sober and competent person of not less than 
twenty-one years of age. 

Working engine. —Rule 19. Every engineer shall work 
his engine slowly and with great care when any person is 
being lowered or hoisted in a shaft or slope and no one 
shall interfere with or intimidate him while in the discharge 
of his duties. 

Hoisting apparatus.— Rule W. An engineer who has 
charge of the hoisting machinery by which persons are 
lowered or hoisted in a mine, shall be in constant attend¬ 
ance for that purpose during the whole time any person or 




STATUTES—ANTHRACITE REGION. 


43 


persons are below ground, and he shall not allow any person 
or persons, except such as may be deputed by the owner, 
operator or superintendent, to handle or meddle with the 
engine under his charge or any part of its machinery. 

Signals. — Rule %1. When any person is about to descend 
or ascend a shaft or slope the headman or footman, as the 
case may be, shall inform the engineer by signal or other¬ 
wise of the fact, and the engineer shall return a signal 
before moving or starting the engine. In the absence of a 
headman or footman the person or persons about to descend 
or ascend shall give and receive the signals in the same 
manner.* 

*It is the duty of a person about to step into the bottom of a shaft in 
a coal mine, in which heavy cages are constantly moving up and down, 
to stop, look up the shaft, and listen, for the purpose of ascertaining 
whether the cage is descending. 

In McDonald vs. Rockhill Iron and Coal Company, 135 Pa., 1 (1889), 
a miner familiar with the workings of the shaft, stepped into the bottom 
of it for the purpose of crossing the same on his way to work, and was 
immediately struck and injured by a descending cage. He did not stop 
and listen at the instant of entering the bottom, nor did he make any 
inquiry from men close by who could have informed him that the 
stage was descending. The court held that he could not recover. Gkeen, 
J., said :— 

“ That place was one of manifest, conspicuous danger. It had that char¬ 
acter as a necessary consequence from the use of the shaft and the cages, 
which wns perfectly well known to the plaintiff. But, in addition to that, 
one of his witnesses testified positively, directly, and affirmatively to the 
fact of the danger. Notwithstanding all this the plaintiff stepped 
directly into this place, knowing that the cages were above him, without 
taking the slightest precaution for his safety. He made no inquiry of the 
drivers. He did not look up the shaft. He knew that it was the time of 
the day for the cages to be in motion, and in point of fact they were in 
motion, and he knew that he was in danger of death if he was struck, yet 
he walked deliberately into this death-trap with his eves open, and in 
the full possession of his faculties. The question of his culpable and 
contributory negligence was not an open one. It was a necessary legal 
conclusion, from his own acts and omissions, proved by himself and his 
witnesses, and not in the least controverted by any one. The very 
instant he stepped into the sump the consequences of his negligence were 
brought home to him; he was struck by a descending cage, and severely 
injured. We say of one who is about to cross a railroad track that it is 
his legal duty to stop, before he reaches the track, and look both ways, 
and listen, before stepping on the track, and that if he fails to do all of 
this he is guilty of contributive negligence by conclusion of law. With 
much greater force is the reason of that rule applicable to the undisputed 
facts of this case. The plaintiff was down in a coal mine. He was at the 
foot of a shaft in which rapidly moving, heavy cages were constantly run¬ 
ning during working hours ; the light was necessarily dim; the danger 
was certain and manifest; unless precautions were used ; there was noth¬ 
ing to invite carelessness, everything to suggest care; the duty of care 
was even greater than in the case of crossing a railroad track, for every¬ 
thing can be easily seen, whereas, here the looking must be more intent, 






44 


COAL MINING LAWS OF PENNSYLVANIA. 


Outside foreman.— Rule 22. The owner, operator or 
superintendent of a colliery shall place a competent person 
to be called “ outside foreman,” in charge of the breaker 
and the outside work of such colliery and who shall direct, 
and, as far as practicable, see that the provisions of this act 
are complied with in respect to the breaker, outside machin¬ 
ery, ropes, cages and all other things pertaining to the out¬ 
side work, unless otherwise provided for in this act. 

Dust in breaker.— Rule 23. In all coal-breakers where 
the coal dust is so dense as to be injurious to the health of 
persons employed therein, the owner, operator or superin¬ 
tendent of said breaker shall, upon the request of the 
inspector, immediately adopt measures for the removal of 
the dust, as far as practicable. 

Ventilating current.— Rule 2If,. Any miner or other 
workman who shall discover anything wrong with the venti¬ 
lating current or with the condition of the roof, side, timber 
or roadway, or with any other part of the mine in general, 
such as would lead him to suspect danger to himself or his 
fellow-workmen or to the property of his employer, shall 
immediately report the same to the mine foreman or other 
person, for the time being in charge of that portion of the 
mine. 

Willful damage—Carrying fire. —Rule 25. Any per¬ 
son or persons who shall knowingly or willfully damage, or 
without proper authority, remove or render useless any 
fencing, means of signaling, apparatus, instrument or 
machine, or shall throw open or obstruct any airway, or 
open a ventilating door and not have the same closed, or 
enter a place in or about a mine against caution, or carry 
fire, open lights or matches in places where safety-lamps are 
used, or handle without proper authority, or disturb any 
machinery or cars, or do any other act or thing whereby the 
lives or health of persons or the security of the property in 
or about a mine or colliery are endangered, shall be guilty 
of an offense against this act.* 

more patient, more cautious, in order to insure safety. The danger is 
greater because it is in a comparative degree concealed, and should be 
searched for, while it is just as swift and as sure as in case of a locomo¬ 
tive. But there were other precautions which might easily have been 
taken, but were not. A simple inquiry from men close by would have 
revealed the danger, but it was not made. In short in every aspect of 
the case, the plaintiff’s negligence is conspicuous, leaving out of consider¬ 
ation of the use of the man-way, which was possible, and would have 
prevented the injury.” 

*See also the act of March 31st, 1S60, sec. 150, P. L., 382, which is as 




STATUTES—ANTHRACITE REGION. 


45 


Explosives.— Rule 26. Gunpowder or any other explo¬ 
sive shall not be stored in a mine, and a workman shall not 
have at any one time in any one place, more than one keg 
or box containing twenty-five pounds, unless more is neces¬ 
sary for a person to accomplish one day’s work. 

Care of explosives. —Rule 27. Every person w r ho has 
gunpowder or other explosive in a mine, shall keep it in a 
wooden or metallic box securely locked, and such box shall 
be kept at least ten feet from the tracks in all cases where 
room at such a distance is available. 

Handling explosives.— Rule 28. Whenever a workman 
shall open a box containing explosive, or while in any 
manner handling the Same, he shall first place his lamp 
not less than five feet from such explosive and in such a 
position that the air current cannot convey sparks to it, and 
a workman shall not approach nearer than five feet to an 
open box containing powder, with a lamp, lighted pipe or 
any other thing containing fire. 

Storage of explosives. —Rule 29. When high explo¬ 
sives other than gunpowder are used in any mine, the man¬ 
ner of storing, keeping, moving, charging and firing or in 
any manner using such explosives, shall be in accordance 
with special rules as furnished by the manufacturers of the 
same. The said rules shall be indorsed with his or their 
official signature, and shall be approved by the owner, op¬ 
erator or superintendent of the mine in which such explo¬ 
sives are used. 

Blasting. —Rule 30. In charging holes for blasting in 
slate or rock in any mine, no iron or steel-pointed needle 
shall be used, and a tight cartridge shall not be rammed 
into a hole in coal, slate or rock with an iron or steel tamp¬ 
ing bar, unless the end of the tamping bar is tipped with at 
least six inches of copper or other soft metal. 

When charge misses fire. —Rule 31. A charge of pow¬ 
der or any other explosive in slate or rock which has missed 
fire shall not be withdrawn or the hole reopened. 


follows: “ If any person shall unlawfully and maliciously cause any 
water to be conveyed into any mine, or into any subterraneous passage 
communicating therewith, with intent thereby to destroy or damage 
such mine, or to hinder or delay the working thereof, or shall, with like 
intent, unlawfully and maliciously pull down, fill up or obstruct any air¬ 
way, waterway, drain, pit, level or shaft, belonging to any mine, such 
offender, his aiders and abettors shall, on conviction thereof, be sen¬ 
tenced to pay a fine not exceeding five hundred dollars, and undergo an 
imprisonment not exceeding two years.” 





46 


COAL MINING LAWS OF PENNSYLVANIA. 


Match not to be shortened.—2Me 32. A miner or 
other person who is about to explode a blast by the use of 
patent or other squibs or matches, shall not shorten the 
match, nor saturate it with mineral oil, nor turn it down 
when placed in the hole, nor ignite it except at its extreme 
end, nor do anything tending to shorten the time the match 
will burn. 

Notice of blast.— Rule 33. When a workman is about to 
fire a blast he shall be careful to notify all persons who may 
be in danger therefrom, and shall give sufficient alarm be¬ 
fore and after igniting the match so that any person or per¬ 
sons who may be approaching shall be warned of the danger. 

Examination after blast. —Rule 3Jf. Before commenc¬ 
ing work and also after the firing of every blast,.the miner 
working a breast or any other place in a mine, shall enter 
such breast or place to examine and ascertain its condition, 
and his laborer or assistant shall not go to the face of such 
breast or place until the miner has examined the same and 
found it to be safe. 

Qualification of blaster.— Rule 35. No person shall be 
employed to blast coal or rock unless the mine foreman is 
satisfied that such person is qualified, by experience and 
judgment, to perform the work with ordinary safety. 

Inexperienced miners not to blast.— Rule 36. A per¬ 
son who is not a practical miner shall not charge or fire a 
blast in the absence of an experienced miner, unless he has 
given satisfactory evidence of his ability to do so with 
safety, and has obtained permission from the mine fore¬ 
man or person in charge. 

Removal of gas.— Rule 37. An accumulation of gas in 
mines shall not be removed by brushing where it is practi¬ 
cable to remove it by brattice. 

Extinguishment of gas.— Rule 38. When gases ignited 
by blast or otherwise, the person igniting the same shall im¬ 
mediately extinguish it, if possible, and notify the mine 
foreman or his assistant of the fact, and workmen must see 
that no gas blowers are left burning upon leaving their 
working places. 

Duties of fireman.— Rule 39. Every fireman in charge 
of a boiler or boilers for the generation of steam, shall keep 
a constant watch of the same. He shall see that the steam 
pressure does not at any time exceed the limit allowed by 
the outside foreman or superintendent. He shall frequently 
try the safety-valve, and shall not increase the weight on the 



STATUTES—ANTHRACITE REGION. 


47 


same. He shall maintain a proper depth of water in each 
boiler, and if anything should happen to prevent this, he 
shall report the same without delay to the foreman, for the 
time being in charge, and take such other action as may 
under the particular circumstances be necessary for the pro¬ 
tection of life and preservation of property. 

Headman and footman. — Rule 40 . At every shaft or 
slope in which provision is made in this act for lowering 
and hoisting persons, a headman and footman shall be des¬ 
ignated by the superintendent or foreman to be at their 
proper places from the time that persons begin to descend, 
until all the persons who may be at the bottom of said shaft 
or slope when quitting w T ork shall be hoisted. Such head¬ 
man and footman shall personally attend to the signals and 
see that the provisions of this act, in respect to lowering and 
hoisting persons in shafts or slopes, shall be complied with/ 

Jumping on cars. —Rule 41. No person, except the man 
giving the signal, shall jump on a car, cage or gunboat after 
the signal to start has been given, and if any person should 
enter a car, cage or gunboat in excess of the lawful number 
the headman or footman shall notify him of the fact and 
request him to get off, which request must be immediately 
complied with. Any violation of this rule must be reported 
promptly to the mine foreman. 

Empty cars .—Rule J$. An empty trip shall be hoisted 
in any shaft or slope where the engine has been standing 
idle for one hour or more, before men are hoisted or lowered 
in said shafts or slopes, and no person or persons shall as¬ 
cend any shaft or slope when working on the night turn, 
until one trip shall first be hoisted therein. 

Passage-ways-Safety holes. —Rule 43. Every pas¬ 
sage-way used by persons in any mines and also used for 
transportation of coal and other material, shall be made of 
sufficient width to permit persons to pass moving cars with 
safety, but if found impracticable to make any passage-way 
of sufficient width, then holes of ample dimensions, and not 
more than one hundred and fifty feet apart, shall be made 
on one side of said passage-way. The said passage-way and 
safety holes shall be kept free from obstructions and shall 
be well drained; the roof and sides of the same shall be 
made secure. 

Speed of locomotives. —Rule 44. When locomotives 
are used in any mine their speed shall not exceed six miles 

*See McDonald vs. Rockhill Iron, &c., Co., 135 Pa., 1 (1890). 







48 


COAL MINING LAWS OF PENNSYLVANIA. 


per hour, and an efficient alarm shall be provided and at¬ 
tached to the front end of every train of cars pushed by a 
locomotive in any mine or part of a mine. 

Locomotives prohibited in certain passages. — Rule 
1^5. Locomotives propelled by steam, if using fire, shall not 
be used in any passage-way which is also used as an intake 
airway to any mine or part of a mine where persons are 
employed, unless there be a sufficient quantity of air circu¬ 
lating therein to maintain a healthy atmosphere. 

Coupling cars. —Rule 1^6. No person shall couple or un¬ 
couple loaded or empty cars while the same are in motion: 
Provided however , That this shall not apply to the top or 
bottom men of slopes, planes or shafts. 

Gravity roads. —Rule lfl . When cars are run on gravity 
roads by brakes or sprags, the runner shall only ride on the 
rear end of the last car, and when said cars are run by 
sprags, a space of not less than two feet from the body of 
the car shall be made on one or both sides of the track, 
wherever it may be necessary for the runner to pass along 
the side of the moving car or cars, and said space or pas¬ 
sage-way shall always be kept free from obstructions. 

Suitable persons to run cars. — Rule 1^8. No miner or 
laborer shall run cars out of any breast or chamber or on 
any gravity road unless he is a suitable person, employed by 
the mine foreman for that particular work; and no person 
shall be employed by any mine foreman to perform such 
work, under the age of sixteen years. 

Safety holes. — Rule Jp9. Safety holes shall be made at 
the bottom of all slopes and planes and be kept free from 
obstruction to enable the footman to escape readily in case 
of danger. 

Safety blocks. — Rule 50. Safety blocks or some other 
device for the purpose of preventing cars from falling into 
a shaft or running away on a slope or plane, shall be placed 
at or near the head of every shaft, slope or plane, and said 
safety blocks or other device must be maintained in good 
working order. 

When travel on gravity train prohibited.— Rule 51. 
No person shall travel on any gravity train while cars 
are being hoisted or lowered thereon. Whenever ten per¬ 
sons arrive at the bottom or top of any plane on which it is 
necessary for men to travel, traffic thereon shall be sus¬ 
pended for a period of time long enough to permit them to 
reach the top or bottom of said plane. 



STATUTES—ANTHRACITE REGION. 


49 


Bumpers.— Rule 52. No mine cars shall be used in any 
mine unless the bumpers are of sufficient length and width 
to keep the bodies of said cars separated by not less than 
twelve inches when the cars stand on a straight level road 
and the bumpers touch each other. 

Heating of breakers.— Rule 53. It shall be the duty 
of the owner, operator or superintendent of any or all coal- 
breakers, to have them properly heated in order to prevent 
injury to the health of persons employed therein. 

Posting of rules. —Rule 51p. For the purpose of making 
known the rules and the provisions of this act to all persons 
employed in or about such mine or colliery to which this 
act applies, an abstract of the act and rules shall be posted 
up in legible characters in some conspicuous place or places 
at or near the mine or colliery, where they may be conveni¬ 
ently read by the persons employed, and so often as the 
same becomes obliterated or destroyed the owner, operator 
or superintendent shall cause them to be renewed with all 
reasonable dispatch. Any person who pulls down, injures 
or defaces such abstract of the act or rules when posted up 
in pursuance to the provisions of this act, shall be guilty of 
an offense against this act. 

Cutting of props prohibited. — Rule 55. No person or 
persons working in any coal mine or colliery shall cut any 
props, or timbers while the same are in position to support 
the roof or sides. When it becomes necessary to remove 
any of the said props or timbers for the purpose of mining 
coal that may be supported by the same, to dislodge any of 
the said props or timbers, it must be done by blasting. 

Employes in mine evolving gas. —Rule 56. It shall 
not be lawful for any mine foreman or superintendent of any 
mine or colliery to employ any person who is not competent 
to understand the regulations of any mine evolving explo¬ 
sive gases: Provided , That this rule will not apply to a sec¬ 
tion of mine, free from the said explosive gases. 

Penalty for not giving car to number of men.— 
Rule 57. Any superintendent or mine foreman who prevents 
the footman from giving an empty car or cage to the num¬ 
ber of men designated in a former rule, shall, upon informa¬ 
tion by any person engaged in the mines, given the mine 
inspector, be fined the sum of fifty dollars for each offense. 

Penalty. —Rule 58. Every person who fails to comply 
with any of the foregoing rules or any of the provisions of 
this article, shall be guilty of an offense against this act.* 


*Act of June 2d, 1891, art. 12, sec. 1, P. L., 176. 






50 


COAL MINING LAWS OF PENNSYLVANIA. 


13. INQUESTS. 

101. Inspector to be notified of loss of life. —When¬ 
ever loss of life to a miner or other employ^ occurs in or 
about a mine or colliery, notice thereof shall be given 
promptly to the inspector of mines for the district in which 
the accident occurred, by the mine foreman or outside fore¬ 
man or other person having immediate charge of the work 
at the time of the accident; and when death results from 
personal injury such notice shall be given promptly after 
the knowledge of the death comes to the said foreman or 
person in charge.* 

102. Duties of inspector in case of accidents.— 

Whenever loss of life occurs or whenever the lives of per¬ 
sons employed in a mine or at a colliery are in danger from 
any accident, the inspector of mines shall visit the scene of 
the accident as soon as possible thereafter and offer such 
suggestions, as in his judgment shall be necessary, to protect 
the lives and secure the safety of the persons employed. In 
case of death from such accident, and after examination he 
finds it necessary that a coroner’s inquest shall be held, he 
shall notify the coroner to hold such inquest without delay, 
and if no such inquest be held by the coroner within twenty- 
four hours after such notice, the inspector shall institute a 
further and fuller examination of such accident, and for this 
purpose he shall have power to compel the attendance of 
witnesses at such examination and to administer oaths and 
affirmations to persons testifying thereat. The inspector 
shall make a record of all such investigations and accidents, 
which record shall be preserved in his office. The costs of 
such investigation shall be paid by the county in which the 
accident occurred in like manner as costs of inquests held by 
coroners or justices of the peace are now paid.t 

103. Coroner shall adjourn inquest if inspector is 
not present. —An inquest held by the coroner upon the 
body of a person killed by explosion or other accident, shall 
be adjourned by the coroner if the inspector of mines be not 
present to watch the proceedings, and the coroner in such 
case shall notify the inspector, in writing, of such adjourned 
inquest, and the time and place of holding the same, at least 
three days previous thereto.^ 

*Act of June 2d, 1891, art. 13, sec. 1, P. L., 176. 





STATUTES—ANTHRACITE REGION. 


51 


104. Notice of inquest.— Due notice of an intended 
inquest to be held by the coroner, shall be given by the cor¬ 
oner to the inspector, and at such inquest the inspector shall 
have the right to examine witnesses.* 

105. Coroner to notify inspector in case of neglect. 
If, at any inquest held over the body or bodies of persons 
whose death was caused by an accident in or about a mine 
or colliery, the inspector be not present, and it is shown by 
the evidence given at the inquest that the accident was 
caused by neglect or by any defect in or about the mine or 
colliery, which, in the judgment of the jury, requires a 
remedy, the coroner shall send notice in writing to said 
inspector of such neglect or default.! 

106. Qualifications of jurors. —No person who is in¬ 
terested personally, nor a person employed in the mine or at 
a colliery in or at which loss of life has occurred by accident, 
shall be qualified to serve on a jury empaneled on the in¬ 
quest, and a constable or other officer shall not summons 
such a person so disqualified as juror, but the coroner shall 
empanel a majority of the jury from miners who are quali¬ 
fied to judge of the nature of the accident; every person 
who fails to comply with the provisions of this article shall 
be guilty of an offense against this act.! 

14. RETURNS, NOTICES, &c. 

107. Notice of death. —Notices of deaths or serious 
injuries resulting from accidents in or about mines or col¬ 
lieries, shall be made to the inspector of mines, in writing, 
and shall specify the name, age and occupation of the per¬ 
son killed or injured, and also the nature and character of 
the accident and of the injury caused thereby.! 

108. When owner shall give notice to inspector.— 
The owner, operator or superintendent of a mine or colliery, 
shall, without delay, give notice to the inspector of the dis¬ 
trict in which said mine or colliery is situated in any or all 
of the following cases :— 

First .—Where any working is commenced for the purpose 
of opening a new slope or mine to which this act applies. 

*Act of June 2d, 1891, art. 13, sec. 4, P. L., 176. 

fActof June 2d, 1891, art. 13, sec. 5, P. L., 176. 

JAct of June 2d, 1891, art. 13, sec. 6, P. L., 176. 

f Act of June 2d, 1891, art. 14, sec. 1, P. L., 176. See act of May 9th, 
1889, P. L., 154, providing for the rescue of persons entombed. 

Petition of Malitsky, 6 Kulp, 6 (1^90). 






52 


COAL MINING LAWS OF PENNSYLVANIA. 


Second .—Where any mine is abandoned or the working 
thereof discontinued. 

Third .—Where the working of any mine is recommenced 
after any abandonment or discontinuance for a period ex¬ 
ceeding three months. 

Fourth .—Where any new coal-breaker is completed and 
work commenced therein for the purpose of preparing coal 
for market. 

Fifth .—Where the pillars of a mine are to be removed or 
robbed. 

Sixth .—Where a squeeze or crush or any other cause or 
change may seem to affect the safety of persons employed in 
any mine, or where fire occurs or a dangerous body of gas 
is found in any mine * 

109. Annual report by owner. —On or before the first 
day of February in each year, the owner, operator or super¬ 
intendent of every mine or colliery, shall send to the in- 
pector of the district, a correct report specifying with respect 
to the year ending December 31st, previously, the name of 
the operator and officials of the mines with his post office 
address; the quantity of coal mined; the amount of pow¬ 
der or other explosives consumed; the number of per¬ 
sons employed above and below ground in or about such 
colliery, classifying the persons so employed. The report 
shall be in such form as may be from time to time pre¬ 
scribed by the inspector of the district. Blank forms for 
said report shall be furnished by the Common wealth.! 


15. INJUNCTIONS. 


110. When court will restrain working of mine.— 

Upon application of the inspector of mines of the proper 
district, acting in behalf of the Commonwealth, any of the 
courts of law or equity having jurisdiction where the mine 
or colliery proceeded against is situated, whether any pro¬ 
ceedings have or have not been taken, shall prohibit, by in¬ 
junction or otherwise, the working of any mine or colliery 
in which any person is employed or permitted to be for the 
purpose of working, in contravention of the provisions of 
this act, and may award such costs in the matter of the in¬ 
junction or other proceedings as the court may think just; 
but this section shall be without prejudice to any other rem- 


*Act of June 2d, 1891, art. 14, 


2, P. L., 176. 





STATUTES—ANTHRACITE REGION. 


53 


edy permitted by law for enforcing the provisions of this 
act. Written notice of the intention to apply for such in¬ 
junction in respect to any mine or colliery, shall be made to 
the owner, operator or superintendent of such mine or col¬ 
liery not less than twenty-four hours before the application 
is made.* 

16. ARBITRATION. 

111. When arbitration maybe had. —Whenever an 
inspector finds any mine or colliery or part thereof, or any 
matter, thing or practice connected with such m ne, which 
in any respect thereof is not covered by or provided against 
by any provision of this act or by any rule, to be danger¬ 
ous or defective, or in his judgment tends to bodily injury 
to a person, he shall give notice thereof in writing to the 
owner, operator or superintendent of such mine or colliery, 
stating in such notice the particular matter or defect requir¬ 
ing remedy and may demand that the same be remedied; 
but the owner, operator or superintendent of said mine or 
colliery shall have the right to refer the demand of the in¬ 
spector to a board of arbitration, and the matter shall then 
be arbitrated within forty-eight hours of the time such 
complaint or demand be made. And the party against 
whom the award is given shall pay all costs attending the 
case. The said board of arbitration shall be composed of 
three persons, one of whom shall be chosen by the inspect¬ 
or, one by the said owner, operator or superintendent and 
a third by the two thus selected, and the decision of a 
majority of such board shall be final and binding in the 
matter.! 

17. PENALTIES. 

112. On complaint of citizen. —Any judge of the 
court of quarter sessions of the peace of the county in which 
the mine or colliery at which the offense, act or omission as 
hereinafter stated has occurred, is situated, is hereby au¬ 
thorized and required, upon the presentation to him of the 
affidavit of any citizen of the Commonwealth setting forth 


*Act of June 2d, 1891, art. 15, sec. 1, P. L., 176. If it appears that a 
mine is being operated in violation of the mine ventilation law, it is the 
duty of the court to restrain so much of the operation as is illegal, regard¬ 
less of the question of fact as to extra hazard. Com. vs. Haddock, 1 Kulp, 
320 (1882). See Haddock vs. Com., 103 Pa., 243 (1883). 
fAct of June 2d, 1891, art. 16, sec. 1, P. L., 176. 




54 


COAL MINING LAWS OF PENNSYLVANIA. 


that the owner, operator or superintendent, or any other 
person employed in or about such mine or colliery had been 
negligently guilty of an offense against the provisions of 
this act, whereby a dangerous accident had resulted or 
might have resulted to any person or persons employed in 
such mine or colliery, to issue a warrant to the sheriff of 
said county directing him to cause such person or persons 
to be arrested and brought before said judge, who shall 
hear and determine the guilt or innocence of the person or 
persons so charged; and if convicted he or they shall be sen¬ 
tenced to pay a fine not exceeding five hundred dollars, in 
all cases not otherwise provided for in this act, or an im¬ 
prisonment in the county jail for a period not exceeding 
three months, or both, at the discretion of the court: Pro¬ 
vided, That any defendant may waive a trial before a judge 
as herein provided and at any time, at or before the time of 
such trial, demand a trial by a jury in the court of quarter 
sessions, in which case he may enter into a recognizance 
before said judge with such surety or sureties and in such 
sum as said judge may approve, conditioned for his appear¬ 
ance at the next court of quarter sessions to answer the 
charge against him and abide the orders of the court in the 
premises, meanwhile to be of good behavior and keep the 
peace, or in default of such recognizance to be committed 
to the county jail to await such trial.* 

113. Appeals. —If any person shall feel himself aggrieved 
by such conviction and sentence before a judge as aforesaid, 
he may appeal therefrom subject to the following conditions, 
namely : The appellant shall, within seven days after the 
decree has been made, give notice to the prosecutor of his 
intention to appeal, and within the same time enter into a 
recognizance, with such surety or sureties and in such sum 
as shall be approved by said judge, conditioned to appear 
and try such appeal before the next court of quarter ses¬ 
sions of the peace and to abide the judgment of the court 
thereon and to pay all such costs and penalties as may be 
there awarded, and upon the compliance with such condi¬ 
tions the judge shall release the appellant from custody 
pending the appeal.t 

114. Nothing in the act a bar to indictment. —Noth¬ 
ing in this act shall prevent any person from being indicted or 






STATUTES—ANTHRACITE REGION. 


GO 


liable under any other act, to any higher penalty or punish¬ 
ment than is herein provided, and if the court before whom 
any such proceeding is had shall be of the opinion that pro¬ 
ceedings ought to be taken against such persons under any 
other act, or otherwise, he may adjourn the case to enable 
such proceedings to be taken.* 

115. Offenses under this act misdemeanors. —All 
offenses under this act are declared to be misdemeanors and 
in default of payment of any penalty or cost by the party 
or parties sentenced to pay the same, he or they may be 
imprisoned for a period not exceeding three months and not 
less than thirty days.t 

116. Violation of act by mine inspector. —For any 

violation of duty by the mine inspector prescribed by this 
act, he shall be deemed guilty of a misdemeanor, and upon 
conviction, be sentenced to pay a fine of not more than three 
hundred dollars or be imprisoned for a period not exceeding 
three months, or either, or both, at the discretion of the 
court, t 

117. Disposition of fines. —All fines imposed under 
this act shall be paid into the county treasury for the use of 
the county.§ 

118. Conviction or acquittal not evidence in action 
for damages. —No conviction or acquittal under this act, 
in any complaint, shall be received in evidence upon the 
trial of any action for damages arising from the negligence 
of any owner, operator or superintendent or employ^ in any 
mine or colliery.il 

119. Right of action for damages. —That for any 
injury to person or property occasioned by any violation of 
this act or any failure to comply with its provisions by any 
owner, operator, superintendent, mine foreman or fire boss 
of any coal mine or colliery, a right of action shall accrue 
to the party injured against said owner or operator for any 
direct damages he may have sustained thereby; and in case 
of loss of life by reason of such neglect or failure afore¬ 
said, a right of action shall accrue to the widow and lineal 
heirs of the person whose life shall be lost, for like recovery 
of damages for the injury they shall have sustained.t 

*Act of June 2d, 1891, art. 17, sec. 3, P. L., 176. 

fAct of June 2d, 1891, art. 17, sec. 4, P. L., 176. 

JAct of June 2d, 1891, art. 17, sec. 5, P. L., 176. 

|Act of June 2d, 1891, art. 17, sec. 6, P. L., 176. 

II Act of June 2d, 1891, art. 17, sec. 7, P. L., 176. 

If Act of June 2d, 1891, art. 17, sec. 8, P. L., 176. 




56 


COAL MINING LAWS OF PENNSYLVANIA. 


18. DEFINITION OF TERMS. 

120. “Coal mine or colliery.”—In this act, unless 
the context otherwise requires, the term “ coal mine or 
colliery” includes every operation and work, both under 
ground and above ground, used or to be used for the pur¬ 
pose of mining and preparing coal.* 

121. “Workings.”—The term “workings” includes 
all the excavated parts of a mine, those abandoned as well 
as the places actually at work.t 

122. “Mine.”—The term “mine” includes all under¬ 
ground workings and excavations and shafts, tunnels and 
other ways and openings; also all such shafts, slopes, tun¬ 
nels and other openings in course of being sunk or driven, 
together with all roads, appliances, machinery and materials 
connected with the same below the surfaced 

123. “Shaft.”—The term “shaft” means a vertical 
opening through jthe strata and which is or may be used 
for the purpose of ventilation or drainage, or for hoisting 
men or material in connection with the mining of coal.§ 

124. “Slope.” —The term “ slope” means any inclined 
way or opening used for the same purpose as a shaft. II 

125. “Breaker.”—The term “breaker” means the 
structure containing the machinery used for the prepara¬ 
tion of coal.li 

126. “Owners,” “Operators,” “Contractors.”—The 

term “owners” and “operators” means any person or body 
corporate who is the immediate proprietor or lessee, or occu¬ 
pier of any coal mine or colliery or any part thereof. The 
term “owner” does not include a person or body corporate 
who merely receives a royalty, rent or fine from a coal mine 
or colliery or part thereof, or is merely the proprietor of the 
mine subject to any lease, grant or license for the working 
or operating thereof, or is merely the owner of the soil and 
not interested in the minerals of the mine or any part 
thereof. But any “contractor ” for the working of a mine 
or colliery or any part or district thereof, shall be subject 
to this act as an operator or owner, in like manner as if he 
were the owner.** 

*Act of June 2d, 1891, art. 18, P. L., 176. 

fAct of June 2d, 1891, art. 18, P. L., 176. 

JAct of June 2d, 1891, art. 18, P. L., 176. 

|Act of June 2d, 1891, art. 18, P. L., 176. 

|| Act of June 2d, 1891, art. 18, P. L., 176. 

IF Act of June 2d, 1891, art. 18, P. L., 176. 

**Act of June 2d, 1891, art. 18, P. L., 176. 






STATUTES—ANTHRACITE REGION. 


57 


127. “ Superintendent. ”—The term “ superintendent ” 
means the person who shall have, on behalf of the owner, 
general supervision of one or more mines or collieries.* 

19. EXAMINATION OF MINERS. 

128. Who may be employed as miners. —Hereafter 
no person whomsoever shall be employed, or engaged, in 
the anthracite coal region of this Commonwealth as a miner 
in any anthracite coal mine, without having obtained a cer¬ 
tificate of competency and qualification so to do, from the 
“ miners examining board ” of the proper district, and hav¬ 
ing been duly registered as herein provided.t 

129. Miners examining boards—Term of service— 
Compensation.— That there shall be established, in each 
of the inspection districts in the anthracite coal region, a 
board to be styled the “ miners examining board ” of the 
district, to consist of nine persons, who shall be appointed 
by the president judge of the proper county, from among 
the most skillful miners actually engaged in said busi¬ 
ness in their respective districts, and who must have had 
five years’ practical experience in the same, three of whom 
to serve one year, three two years and three five years, and 
thereafter annually three to serve for the term of three 
years. The said persons, so appointed, shall be and consti¬ 
tute the “ miners examining board ” for their respective dis¬ 
tricts and shall hold the office for the term for which they 
were appointed, or until their successors are duly appointed 
and qualified, and shall receive as compensation for their 
services three dollars per day for each day actually engaged 
in this service and all legitimate and necessary expenses in¬ 
curred in attending the meetings of said board, under the 
provisions of this act, and no part of the salary of said 
board, or expenses thereof, shall be paid out of the State 
treasury. 

Organization. —Each of said boards shall organize by 
electing one of their members secretary, and by dividing 
themselves into three sub-committees for the more conven- 

*Act of June 2d, 1891, art. 18, P. L., 176. 

fAct of May 9th, 1889, sec. 1, P. L., 142. The act of May 9th, 1891, is 
entitled : “An act to provide for the examination of miners in the anthra¬ 
cite region of this Commonwealth and to prevent the employment of in¬ 
competent persons as miners in anthracite coal mines.” Section 9 of the 
act provides “ that all acts or parts of acts inconsistent herewith be and 
the same are hereby repealed.” 





58 


COAL MINING LAWS OF PENNSYLVANIA. 


ient discharge of their duties; each of said committees shall 
have all the powers hereinafter conferred upon the board, 
and whenever in this act the words examining board are 
used, they shall be taken to include any of the committees 
thereof. 

Members to be sworn.— Every member of said board 
shall, within ten days of their appointment or being apprised 
of the same, take and subscribe an oath or affirmation, be¬ 
fore a properly qualified officer of the county in which they 
reside, that they will faithfully and impartially discharge 
the duties of their office. 

Vacancies.— Any vacancies occurring in said board shall 
be filled in the manner hereinbefore provided, from among 
such only as are eligible for original appointment.* 

130. Place of meeting—[Registration. —Each of said 
examining boards shall designate some convenient place 
within their districts for the meetings of the several commit¬ 
tees thereof, of which due notice shall be given, by adver¬ 
tisement in two or more newspapers of the proper county, 
and so divided as to reach, as nearly as practicable, all the 
mining districts therein. Each of said committees shall 
open, at the designated place of meeting, a book of registra¬ 
tion, in which shall be registered the name and address of 
each and every person duly qualified under this act to be 
employed as a miner in an anthracite coal mine. And it 
shall be the duty of all persons now employed as miners, or 
who shall hereafter desire to be so employed, to apply to said 
board and be registered as such within ninety days there¬ 
after ; application for registration only may be sent by mail 
to the board after being properly attested before any person 
authorized to administer an oath or affirmation in the 
county in which the applicant resides. The form of appli¬ 
cation shall be subject to such regulation as may be pre¬ 
scribed by the boards, but in no case shall any applicant 
be put to any unnecessary expense in order to secure registra- 
tion.t 


*Act of May 9th, 1889, sec. 2, P. L., 142. 

fAct of May 9th, 1889, sec. 3, P. L., 142. A person who makes a false 
affidavit before a justice of the peace and presents the same to the examin¬ 
ing board for the purpose of being registered as a miner under the act of 
May 9th, 1889, may be indicted for perjury. 

Rice, J., after citing sections 3 and 7 said : “ The duties of the boards 
of examiners are judicial in their nature. They are to hear, examine and 
decide upon satisfactory proof as to the right of the applicant to be regis¬ 
tered. Surely this means something more than his mere statement. To 




STATUTES—ANTHRACITE REGION. 


59 


131. Fees for registration—Reports.—The said board 
shall be entitled to demand and receive from each applicant 
for examination and registration and for the certificate 
herein and after provided, a fee not exceeding fifty cents, 
and for registration only, a fee not to exceed twenty-five 
cents, and a like fee of twenty-five cents for registering any 
person who shall have been examined and registered by any 
other said board, and the amount derived from this source 
shall be held by said boards and be applied to the expenses 
and salaries herein provided, and such as may arise under 
the provisions of this act; and the said boards shall report 
annually to the court of common pleas of their respective 
counties and the bureau of statistics, all moneys received and 
disbursed under the provisions of this act, together with the 
number of miners examined and registered under this act 
and the number who failed to pass the required examina¬ 
tion.* 

132. Duties of boards—Certificates.—That it shall be 
the duty of each of said boards to meet at least once every 
month, at such places as they may deem expedient, and ex¬ 
amine all persons who shall desire to be employed as miners 
in their respective districts, and the said boards shall 
grant to such persons as may be qualified, certificates of com¬ 
petency or qualification, which shall entitle the holder there¬ 
of to be employed as, and do the work of, miners as may be 
expressed in the said certificate, and such certificate shall 
be good and sufficient evidence of registration and compe¬ 
tency under this act, and the holder thereof shall be entitled 
to be registered without examination in any other of the 
anthracite districts, upon the payment of the fee herein pro¬ 
vided. All persons applying for examination for a certifi¬ 
cate of competency, or to entitle them to be employed as 


attest is to sign as a witness, but this is not the only meaning. Its orig¬ 
inal meaning is to bear witness to, and in its broadest sense an attestation 
maybe oral or w’ritten. Webster defines it as: ‘Testimony; witness: a 
solemn or official declaration verbal or written, in support of a fact: 
evidence.’ This is the sense, rather than signing as a witness, that the 
term is used in the act of 1889. The application is to be attested, not by 
the officer simply signing as a witness to its execution, but before the of¬ 
ficer and by the applicant. He is to give testimony as to the truth of its 
statements, and as this attestation is to be made before an officer author¬ 
ized to administer oaths it requires no straining of the language to find 
its legitimate meaning, and certainly does no violence to the manifest in¬ 
tent of the legislature to hold that the application must be sworn to.” 
Com. vs. Wallick, 6 Kulp, 11 (1890). 

*Act of May 9th, 1889, sec. 4, P. L., 142. 



60 


COAL MINING LAWS OF PENNSYLVANIA, 


miners, must produce satisfactory evidence of having had 
not less than two years’ practical experience as a mine la¬ 
borer.* 

133. Miners must have certificates—Penalties for 
violation of act. —That no person shall hereafter engage 
as a miner in any anthracite coal mine without having ob¬ 
tained such certificate as aforesaid. And no person shall 
engage such person as a miner who does not hold such cer¬ 
tificate as aforesaid, and no mine foreman or superintendent 
shall permit or suffer any person to be employed under him, 
or in the mines under his charge and supervision, as a miner, 
who does not hold such certificate. Any person who shall 
violate or fail to comply with the provisions of this act shall 
be guilty of a misdemeanor and on conviction thereof in the 
court of quarter sessions, shall be sentenced to pay a fine not 
exceeding $100. t 

134. Registration without examination. —That all 
persons who shall be actually engaged as miners at the time 
of the passage of this act, shall be entitled to registration 
without examination, upon producing satisfactory proof that 
they have been employed in an anthracite mine in this 
Commonwealth. J 


*Act of May 9th, 1889, sec. 5, P. L., 142. 

On March 13th, 1890, Deputy Attorney-General Sanderson, in reply 
to a request for a construction of this act, said :— 

“By your letter of the 25th ult., you submit the question whether a 
miner holding a certificate granted pursuant to the act of May 9th, ] 889, 
issued by the miners’ examining hoard of one district, is required to regis¬ 
ter with the examining board of another district upon removing therein. 

“The first section of the act in question provides that no person shall 
he employed or engaged as a miner in any anthracite coal mine without 
having obtained a certificate from the miners’ examining board of the 
proper district, and having been duly registered as provided in the act. 
The third section provides for the registry of persons duly qualified to be 
employed as miners. The fourth and fifth sections provide for the exam¬ 
ination of miners, £ind for the issue of certificates to them, and also for 
the registry of persons who are qualified to be employed. The fourth 
section expressly mentions the case of a person who shall have been ex¬ 
amined and registered by any other board, and the fifth section provides 
that the certificate of the examining board shall entitle the holder thereof 
to be registered without examination in any other of the anthracite dis¬ 
tricts upon payment of the fee therein provided. 

“All these provisions of the act, to which reference is made, when 
taken in connection with the first section, clearly indicate to my mind 
that it is the intention of the law that a miner holding a certificate, who 
goes to work in an inspection district other than the one in which he re¬ 
ceived the certificate, is required to register in the district to which he re¬ 
moves. 

fAct of May 9th, 1889, sec. fi, P. L., 142. 

JAct of May 9th, 1889, sec. 7, P. L., 142. 



STATUTES—ANTHRACITE REGION. 


61 


135. Enforcement of act. —It shall be the duty of the 
several miners’ examining boards to investigate all com¬ 
plaints or charges of non-compliance or violation of the 
provisions of this act and prosecute all persons so offend¬ 
ing, whenever there shall appear to the board reasonable 
ground for such action.* 

20. CLERKS. 

136. Appointment of clerks of mining districts.— 

The judges of the court of common pleas of Schuylkill 
and Luzerne Counties are hereby directed to appoint for 
their respective mining districts, one competent person each, 
who shall be designated clerk of the mining districts of 
Schuylkill, which district shall embrace the counties of 
Schuylkill, Columbia, Northumberland and Dauphin re¬ 
spectively, and clerk of the districts of Luzerne, which 
district shall embrace the counties of Luzerne and Car¬ 
bon, and who shall hold their said office for the term of 
five years.t 

137. Inspectors to make returns to clerks.— It shall 

be the duty of the several and each inspector, appointed 
under the provisions of an act for the preservation of the 
health and safety of miners employed in coal mines, ap¬ 
proved the day of March, A. D. 1870, to make true 

return to the said clerks, on or before the first Monday in 
each and every month, of all data, statistics, matter and 
thing of which they severally are required to take notice 
and record under the provisions of said act, and all infor¬ 
mation deemed by the said courts useful and necessary to 
the health and safety of miners and workmen, and the 
proper, skillful and safe working of the miners, in the several 
districts respectively, and of deaths and accidents, resulting 
from injuries or neglect, or otherwise, and the circumstances 
of the person so injured.:): 

138. Records. —The said clerks so appointed as afore¬ 
said shall receive and keep a record, under direction of said 
judges, of all data, statistics, matter, thing and information, 
either in tabulated form or otherwise, of all such informa¬ 
tion so returned, and shall allow, at all business hours, full 
and free access, to all parties interested, to the records of 




G 2 


COAL MINING LAWS OF PENNSYLVANIA. 


such information in his office, where maps of coal mines 
shall be filed and kept for safety and preservation.* 

139. Offices. —The office of said clerks shall be located 
in the boroughs of Pottsville and Wilkesbarre respectively, 
and they shall receive for their services the sum of $1500 
per annum each, payable in like manner as the salaries of 
the said inspectors under the said act for the preservation of 
the health and safety of miners, approved as aforesaid.! 

140. Removal. —Should the said clerks or either of 
them, neglect or refuse to discharge the duties of his said 
office, it shall be lawful for the judges of the said courts 
aforesaid, or either of them, upon the petition of fifteen rep¬ 
utable citizens, interested in the mining of coal, to examine 
into the cause and reason of such neglect or refusal; and if 
said charges are sustained, it shall be the duty of the judges 
of the said courts having jurisdiction, to discharge said 
clerks, or either of them, forthwith, and appoint a successor.! 

141. Qualifications. —The said clerks shall be citizens 
of the United States of America, and shall be residents of 
the districts for which they are appointed, and attain the 
age of thirty-five years, and shall be conversant with the 
coal mines of their districts, for which they are appointed, 
and shall take an oath or affirmation, before an officer prop¬ 
erly qualified to administer the same, that he will faithfully 
discharge the duties of his office, to the satisfaction and 
under the direction of the judges of the courts aforesaid, and 
as the interest of the people and law requires; and shall, if 
so discharged or removed, deliver over to the said judge of 
the district, and to his successor, all papers, records, maps 
and things in his office, as the property of the State and dis¬ 
trict, and shall not be interested in any other business or 
calling other than the duties of the office for which he is 
appointed aforesaid.§ 

142. Qualifications.— Section 6 of the act of Assembly 
for the preservation of the records of the inspection of mines 
in the mining district of Schuylkill and Luzerne, embracing 
the coal regions of Pennsylvania, approved April 5th, Anno 
Domini 1870, be amended by striking out the following words, 
namely: “ And shall attain the age of thirty-five years,” 
from said section, so that said sixth section shall read: The 





STATUTES—BITUMINOUS REGION. 


63 


said clerks shall be citizens of the United States of America, 
and shall be residents of the district for which they are ap¬ 
pointed, and shall be conversant with the coal mines of their 
district for which they are appointed, and shall take an oath 
or affirmation before an officer properly qualified to admin¬ 
ister the same, that he will faithfully discharge the duties of 
his office, to the satisfaction and under the direction of the 
judges of the courts, and as the interest of the people and law 
requires, and shall if discharged or removed deliver over to 
the judges of the district, and to his successors, all papers, 
records, maps and things in his office, as the property of the 
State and district, and shall not be interested in the mining 
or transportation of coal.* 


II. BITUMINOUS REGION. 

1. MAPS AND PLANS. 

1. Maps—Kept at mine—Progress of work noted— 
Inspectors’ reports—Maps property of the State— 
Copies—Expense of making maps. —The owner, op¬ 
erator or superintendent of every bituminous coal mine, 
shall make or cause to be made an accurate map or plan 
of such coal mine, on a scale not exceeding one hundred 
feet to the inch, which map or plan shall exhibit all the 
openings or excavations, the shaft, tunnels, slopes, planes, 
gangways, entries, cross-headings, rooms, &c., and shall 
show the direction of the air currents therein, and shall 
accurately delineate the boundary lines between said coal 
mine and adjoining mines operated by other parties, and 
show the relation and proximity of the workings thereto. 
The maps shall also show the changes of level of the lowest 
entry in use for drainage connecting with each independent 
opening. The said map or plan, or a true copy thereof, to¬ 
gether with a record of all the surveys of said boundary 
lines and openings and excavations aforesaid, shall be kept 
at such mine by the said owner, operator or superintendent 
for the use of the mine inspector, and for the inspection of 
any miner working in said mine, whenever said miner shall 
have cause to fear that the working place, where he is work¬ 
ing, is becoming dangerous by reason of its proximity to other 


*Act of April 12th, 1878, sec. 1, P. L., 16. 






64 


COAL MINING LAWS OF PENNSYLVANIA. 


workings, which may be supposed to contain water or danger¬ 
ous gas. The said owner, operator or superintendent shall, as 
often as once in every six months, accurately place or cause 
to be placed on the map or plan of said coal mine, a plan 
of the excavations made of all the working places, or other 
parts of such coal mine, during the preceding six months; 
and, whenever the workings or excavations of said coal mine, 
or any part of the same, have been driven to within ten feet 
of the boundary line, or when said coal mine, or any part 
of the same, is abandoned, the owner, operator or superin¬ 
tendent thereof shall furnish, the mine inspector within three 
months after, the proximity to the boundary line as afore¬ 
said, or after abandonment of the said mine, or any part of 
the same, with a correct copy, on tracing muslin, of the map 
or plan of said mine, which shall accurately show all exca¬ 
vations and workings of such mine to date, exhibiting clear¬ 
ly the part or parts abandoned, and the part or parts in 
proximity to the boundary line aforesaid. The maps or 
plans of the several coal mines in each district, which are 
furnished to mine inspector as last aforesaid, shall be the 
property of the Commonwealth, and shall remain in the care 
of the inspector of the district in which the said mines are 
situated, to be transferred by him to his successor in office, 
and in no case shall any copy of the same be made without 
the consent of the owner, operator or his agent. If the mine 
inspector shall find, or have good reason to believe, that any 
map or plan of any coal mine, made or furnished in pursu¬ 
ance of the provisions of this act, is materially inaccurate or 
imperfect, he is hereby authorized to cause a correct map or 
plan of said coal mine to be made, at the expense of the 
owner or operator thereof, the costs of which shall be re¬ 
coverable from said owner or operator as other debts are 
recoverable by law: Provided however , That if the map or 
plan, which is claimed to be inaccurate, shall prove to have 
been correct, then the Commonwealth shall be held liable 
for the expenses incurred in making said test survey, and 
the same shall be paid by the State treasurer, upon warrants 
of the auditor-general, who shall require proper vouchers 
and satisfactory proof of the same.* 


*Actof June 30th, 1885, sec. 1, P. L., 205. The act of June 30th, 1885, 
is entitled “ An act relating to bituminous coal mines and providing for 
the lives, health, safety and welfare of persons employed therein.” The 
last section of the act provides that “ all acts or parts of acts supplied or 
inconsistent herewith are hereby repealed.” 




STATUTES—BITUMINOUS REGION. 


65 


2. INGRESS AND EGRESS. 

2. Mine must have two openings. —It shall not be 
lawful for the owner, operator, contractor, lessee or agent of 
any bituminous coal mine, or for any firm, company, cor¬ 
poration or association, their clerks, servants, agents or em¬ 
ployes, to employ any person at work within said coal mine, 
or permit any person to be in said coal mine for the purpose 
of working therein, unless they are in communication with 
at least two openings, if the mine be worked by shaft or 
slope, which two shafts or slopes shall be separated by nat¬ 
ural strata at all points by a distance of not less than one 
hundred and fifty feet, except in mines already opened, such 
distance may be less, if in the judgment of the mine in¬ 
spector one hundred and fifty feet is impracticable; and if 
the mine be worked by drift, two openings, exclusive of the 
air-shaft, and not less than twenty-four feet apart, shall be 
required, except in drift mines heretofore opened, where the 
mine inspector of the district shall deem it impracticable: 
Provided hoivever , That an aggregate number, not exceeding 
twenty persons, may be employed in the mine at any one 
time until the second opening shall be reached and made 
available, which said second opening, the mine inspector 
shall cause to be made without necessary delay; and, in case 
of furnace ventilation being used before the second opening 
is reached, the furnace shall not be placed within forty feet 
of the foot of the shaft, slope or drift, and shall be well se¬ 
cured from danger from fire, by brick or stone w r alls of suf¬ 
ficient thickness, while being driven for making and per¬ 
fecting the second opening.* 

3. Second opening—Operation of shafts and slopes 
—Stairs—Signals—Brakes—Chains. —When the second 
opening or outlet is made, which does not exceed seventy-five 
feet in vertical depth from the surface to the seam or stratum 
of coal that is being mined, it shall be set apart exclusively 
for the purpose of ingress or egress to or from the mine by 
any person or persons employed therein, and it shall not be 
clogged or obstructed with ice, machinery, pumps or cur¬ 
rents of heated air or steam; and if the opening is a shaft, 
it shall be fitted with safe and convenient stairs, not less 
than two feet wide and to not exceed an angle of sixty 

*Act of June 30th, 1885, sec. 2, P.L., 205. See Com. vs. Wilkesbarre Coal 
Co., 29 Leg. Intel., 213 (1872); Com. vs. Blewitt, 1 Luz. Leg. Reg., 341 
(1872); Haddock vs. Com., 103 Pa., 243 (1883). 








66 


COAL MINING LAWS OF PENNSYLVANIA. 


degrees descent, and landings of not less than eighteen inches 
wide and four feet long, at easy and convenient distances, 
and -all water coming from the surface or out of the strata 
in the shaft shall be conducted by rings, casing or other¬ 
wise, and be prevented from so falling down the shaft as to 
wet persons who are ascending or descending the stairway 
of the shaft; if the second opening is a slope for a travel¬ 
ing-way, it shall not have a greater angle of descent than 
twenty degrees and may be of any depth; but when the 
seam or stratum of coal, at main outlet or escapement shaft 
in connection with any mine, exceeds seventy-five feet in 
vertical depth from the surface, the miners or other em¬ 
ployes in the mine shall be lowered into or raised from the 
said mine by machinery, and when the employes are low¬ 
ered into or raised from the said mine at the main outlet, 
the escapement shaft shall be fitted with safe and available 
machinery, or safe and convenient stairs, by which persons 
employed in the mine may readily escape in case of accident. 
The hoisting machinery and stairs used for lowering or rais¬ 
ing the employes into or out of the mine shall be kept in a 
safe condition, and inspected once each twenty-four hours 
by a competent person employed in whole or in part for 
that purpose. And such machinery and the method of its 
inspection shall be approved by the mining inspector of the 
district where the mine is situated: Provided , That when 
miners are not at work in the mine, the said second shaft or 
slope may be used for the purpose of lowering material: 
Provided further , That the requirements of this section shall 
not be applicable to stairways now in use, when, in the 
judgment of the inspector, they are sufficient. The owner, 
operator, lessee or agent shall provide and maintain a metal 
tube from the top to the bottom of the shaft, suitably 
adapted to the free passage of sound, through which con¬ 
versation may be held between persons at the bottom and at 
the top of the shaft, also the ordinary means of signaling to 
and from the top and bottom of the shaft, and an approved 
safety catch, and sufficient cover over head on every car¬ 
riage used for lowering and hoisting persons; and the said 
owner, operator, lessee or superintendent shall see that suffi¬ 
cient flanges are attached to the sides of the drum of every 
machine that is used for lowering and hoisting persons in 
and out of the mine, and also that adequate brakes are at¬ 
tached to the drum; the main coupling chain, attached to 
the socket of the wire rope, shall be made of the best quality 



STATUTES—BITUMINOUS 11KGION. 


G7 


of iron, and shall be tested by weights or otherwise to the 
satisfaction of the inspector of the district; and bridle chains 
shall be attached to the main socket from the cross-pieces of 
the carriage, so that no single chain shall be used for lower¬ 
ing or raising persons into or out of the mine; and no 
greater number of persons shall be lowered or hoisted at 
any one time than may be permitted by the inspector of the 
district; and notice of the number so allowed to be lowered 
or hoisted at any one time shall be kept posted up by the 
owner, operator or superintendent in a conspicuous place at 
the opening of the shaft.* 

*Act of June 30th, 1885, sec. 3, P. L., 205. 

On April 6th, 1886, Deputy Attorney-General Snodgrass, in con¬ 
struing this section, said: “ I have received your communication of the 
24th ult. The particular question I understand you to submit, is whether 
upon failure of an ‘ owner or agent ’ of a mine to provide proper means 
of ventilation as required by the fourth section of the act of June 30th, 
1885, you can, after notifying the mining boss of such failure, prosecute 
him (the mining boss) under the provisions of the twenty-first section in 
case such notice is disregarded. 

“ If your question relates exclusively to the duty of providing ‘ ample 
means of ventilation,’ the mining boss having done his full duty in the 
premises, I should say no. 

“ If the complaint, however, relates to some duty which the mining 
boss himself is required to perform in respect to ventilation , I should answer 
yes. The act in its ground scope was, I think, intended to hold each of 
the persons named as owners, operators, lessee, superintendent or mining 
boss responsible for neglect or refusal to perform the duties devolving 
upon them as such owners, &c. Hence you could not hold a mining boss 
responsible criminally for neglect of a duty which is placed upon the 
owner or agent. In other words each person is responsible under the 
twenty-first section for his own neglect, but not for that of others.” 

On December 9th, 1887, Deputy Attorney-General Sanderson, in 
answer to a request for an opinion, said:— 

“ By your letter of the 5th inst., you submit the question whether the 
fourth section of the act of 30th of June, 1885 (P. L., 205), Brightly’s Pur- 
don’s Digest, Supplement 1885-87, page 2245 (P. L., 19), requires the fire 
boss to examine each place in a mine when gas has been seen in any part 
of it, or whether it requires a visit simply to the places in which gas has 
been seen. 

“ The portion of the statute in question reads as follows 

“ ‘ 19. All mines generating fire damp shall be kept free of standing gas 
in the worked-out or abandoned parts of the same as far as practicable, and 
the entrance thereto shall be properly closed, and cautionary notice shall 
be posted to warn persons of danger; and every working place, and all 
other places where gas is known to exist or supposed to exist, shall be 
carefully examined by the fire boss, immediately before each shift, with a 
safety-lamp, and in making said examination, it shall be the duty of the 
fire boss at each examination to leave at the face of every place so exam¬ 
ined, evidence of his presence; and it shall not be lawful for any miner to 
enter any mine or part of a mine generating fire damp, until it has been 
examined by the fire boss as aforesaid and reported by him to be safe.’ 

“Mines generating fire damp are the subject of this provision, and the 







68 


COAL MINING LAWS OF PENNSYLVANIA. 


3. VENTILATION, &c. 

4. Quantity of air—Fire damp—Examination by 
fire boss. —The owner or agent of every bituminous coal 
mine, whether shaft, or slope, or drift, shall provide and 
hereafter maintain for every such mine ample means of 
ventilation, affording not less than one hundred cubic feet 
per minute for each and every person employed in said 
mine, and as much more as the circumstances may require, 
which shall be circulated around the main headings and 
cross-headings and working places to an extent that will 
dilute, carry off and render harmless the noxious or danger¬ 
ous gases generated therein; and all mines generating fire¬ 
damp shall be kept free of standing gas in the worked out 
or abandoned parts of the same as far as practicable, and 
the entrance thereto shall be properly closed, and cautionary 
notice shall be posted to warn persons of danger; and every 
working place, and all other places, where gas is known to 
exist or supposed to exist, shall be carefully examined by 
the fire boss, immediately before each shift, with a safety- 
lamp, and in making said examination, it shall be the duty 
of the fire boss at each examination to leave at the face of 
every place, so examined evidence of his presence; and it 
shall not be lawful for any miner to enter any mine or part 
of a mine generating fire-damp, until it has been examined 
by the fire boss as aforesaid and reported by him to be safe.* 


places mentioned are ‘ working places ’ and ‘ worked-out or abandoned 
parts/ and I construe the meaning of the language ‘ and every working 
place, and all other places, where gas is known to exist or supposed to 
exist, shall be carefully examined by the fire boss, immediately before 
each shift, with a safety-lamp/ &c., to mean that the fire boss shall 
examine every working place in the mine before each shift, and that he 
shall also examine all other places where gas is known or supposed to 
exist, the latter having reference, as I suppose, to * worked-out or abandoned 
parts’ of the mine. I think this is the clear meaning of the w^ords. If 
the words are not clear they should receive that construction which 
would best further the legislative purpose of securing the safety of mines, 
which is that given above. 

“ It may be that the view taken by the fire bosses, which you suggest 
in your letter, may be founded in part upon the punctuation of the clauses 
in question. But punctuation is not to be regarded, and I need only 
remind you that the original act, as passed by the legislature, and approved 
by the governor, and which furnishes the highest and only evidence of 
the meaning of the legislature, is not punctuated at all.” 

On the duty of the owner to furnish proper machinery, see Coal Co. 
vs. Hayes, 128 Pa., 294; Drew vs. Coal Co., 3 Cent. Rep., 389; Coal Co. vs. 
Nee, 13 Del. Rep., 841. 

*Act of June 30th, 1885, sec. 4, P. L., 205. 




STATUTES—BITUMINOUS REGION. 


69 


5. Mining boss—Duties of—Loose coal—Props— 
Drainage—Cut-throughs—Holes—Air currents. —In 

order to better secure the proper ventilation of every coal 
mine, and to promote the health and safety of the persons 
employed therein, the owner or agent shall employ a com¬ 
petent and practical inside overseer, to be called mining 
boss, who shall be a citizen and an experienced coal miner, 
and shall keep a careful watch over the ventilating appa¬ 
ratus and the airways, traveling-ways, pumps and pump 
timbers and drainage; and shall see that, as the miners 
advance their excavations, all loose coal, slate and rock 
overhead are carefully secured against falling therein, or 
on the traveling-ways; and that sufficient props, caps and 
timbers are furnished, of suitable size and cut square at 
both ends and as near as practicable to a proper length, for 
the places where they are to be used; and such props, caps 
or timbers shall be delivered and placed in the working 
places of the miners, and every workman in want of props 
or timber and cap pieces shall notify the mining boss or 
his assistant of the fact, at least one day in advance, giving 
the length and number of props or timbers and cap pieces 
required, but in cases of emergency the timbers may be 
ordered immediately upon the discovery of any danger (the 
place and manner of leaving the orders for the timber shall 
be designated and specified in the rules of the mine) and 
said working places shall be vacated until supplied with 
the timber needed ; and shall see that all water be drained 
or hauled out of all working places before the miner enters, 
and as far as practicable kept dry wdiile the miner is at 
work. And it shall be the duty of the mining boss to 
see that proper cut-throughs are made in the room pil¬ 
lars of the miners’ places, at such distances apart as in 
the judgment of the inspector may be deemed requisite, 
not more than thirty-five nor less than sixteen yards each, 
for the purpose of ventilation. And in all traveling- 
ways or roads, holes for shelter shall be made at least 
every thirty yards and be kept whitewashed, a space two 
feet six inches between the wagon and the rib shall be 
deemed sufficient for shelter. And the mining boss shall 
measure the air current, at least once a week, at the inlet 
and outlet and at or near the face of the headings, he shall 
keep a record of such measurements, which shall be placed 
by him in a book kept for that purpose, the said book to be 
open for the examining of the inspector of the district; he 


70 


COAL MINING LAWS OP PENNSYLVANIA. 


shall also, on or about the fifteenth day of each month, 
mail to the inspector of his district a true copy of the air 
measurements given, stating also the number of persons 
employed in or about said mine, the number of mules and 
horses used, and the number days worked in each month. 
Blanks for such purpose shall be furnished him by the in¬ 
spector of the district. 

Notice to owners—Safety-lamps—Doors—Bore 
holes—Visits—Printed rules. —It shall be the further 
duty of the mining boss to immediately notify the agent or 
owner of the mine, in writing, of his inability to comply 
with the provisions of this section. It shall then become 
the duty of said superintendent, operator, lessee or owner, at- 
once to attend to the matter complained of by the mining 
boss, to comply with the provisions hereof. The safety- 
lamps used for examining mines, or which may be used in 
working therein, shall be furnished by and be the property 
of the owner of said mines, and shall be in charge of the 
agent of such mine ; and in all mines, the doors, used in as¬ 
sisting or directing the ventilation of the mine, shall be so 
hung and adjusted that they will close themselves, or be 
supplied with springs or pulleys so that they cannot be left 
standing open; and bore holes shall be kept not less than 
twelve feet in advance of the face, and when necessary, on 
the sides of working places, which are being driven towards 
and in dangerous proximity to an abandoned mine, or part 
of a mine suspected of containing inflammable gases, or 
which is inundated with water. The mining boss, his as¬ 
sistant, or assistants shall visit and examine every working 
place in the mine, at least once every alternate day, while 
the miners of such place are or should be at work, and shall 
direct that each and every working place be properly secured 
by props or timber, so that safety in all respects be assured, 
and that no person shall be directed to work in an unsafe 
place, unless it be for the purpose of making it safe. All 
owners or operators of bituminous coal mines shall keep 
posted, in a conspicuous place about their mines, printed 
rules, submitted to and approved by the district mining in¬ 
spector, defining the duties of all persons employed in or 
about said mines or collieries, which said notice shall be 
printed in the language or languages used by any ten miners 
working therein.* 

*Act of June 30th, 1885, sec. 5, P. L., 205. See as to doors, Com. vs. 
Reynolds, 1 Kulp, 218 (1882); as to props, Com. vs. Richmond, 2 C. P.. 189: 
Coal Co. vs. Biddle, 18 W. N. C., 108. 




STATUTES— BITUMINOUS REGION. 


71 


6. Machinery to be fenced—Injury to machinery— 
Traveling-way. —Any miners, workmen or other person, 
who shall intentionally injure any shaft, lamp, instrument, 
air course or brattice, or obstruct or throw open airways, 
or carry lighted pipes or matches into places that are worked 
by safety-lamps, or handle or disturb any part of the ma¬ 
chinery, or open a door and not close it again, or enter any 
place of the mine against caution, or disobey any order given 
in carrying out the provisions of this act, or do any other act 
whereby the lives or the health of persons, or the security of 
the mines or the machinery, is endangered, shall be deemed 
guilty of a misdemeanor, and may be punished in a manner 
provided in the twenty-first section of this act; all machinery 
about mines shall be properly fenced off, and there shall be 
cut, in the side of every hoisting shaft at the bottom thereof, 
a traveling-way sufficiently high and wide to enable persons 
to pass the shaft, in going from one side of the mine to the 
other, without passing over or under the cage or other hoist¬ 
ing apparatus* 

4. OPENINGS ON ADJOINING LANDS. 

7. Proceedings to condemn openings. —If any per¬ 
son, firm or corporation is or shall hereafter be seized in his 
or their own right of coal lands, and it shall not be practica¬ 
ble to comply with the requirements of this act in regard to 
drainage and ventilation, by means of openings on his or 
their own land, and the same can be done by means of open¬ 
ings on adjacent lands, he or they may apply by petition to 
the court of quarter sessions of the proper county, after ten 
days’ notice to the owner or owners, their agent or attorney, 
setting forth the facts under oath or affirmation, particularly 
describing the place or places where such opening or open¬ 
ings can be made, and that he or they cannot agree with the 
owner or owners of the land as to the amount to be paid, for 
the privilege of making such opening or openings; where¬ 
upon, the said court shall appoint three disinterested and 
competent citizens of the county to view the ground desig¬ 
nated, and lay out, from the point or points mentioned in 
such petition, a passage or passages for air and water, not 
more than sixteen feet in diameter, by the shortest and most 


*Act of June 30th, 1885, sec. 6, P. L., 205. See also act of March 31st, 
1860, sec. 150, P. L., 382. 






72 


COAL MINING LAWS OF PENNSYLVANIA. 


convenient route to the coal of such person, firm or corpora¬ 
tion, preferring in all cases an opening through the coal 
strata where the same is practicable; the said viewers shall 
at the same time assess the damages to be paid by the peti¬ 
tioner or petitioners to the owner or owners of such lands, 
which damages shall be fully paid before such opening is 
made. It shall be the duty of the petitioner, or the viewers, 
to give notice, by at least three written or printed hand-bills 
posted on the premises at or near the place where such open¬ 
ing is proposed to be made at least five days prior to the 
time of meeting to attend to the duties of their appointment, 
setting forth distinctly the time, place and object of their 
meeting, and also to give personal notice to the owners, their 
agents or attorneys, if residing in the same county; and the 
said viewers shall, within thirty days after their appoint¬ 
ment, make report of their proceedings to the said court, 
stating the amount of damages awarded, accompanied by a 
map or plan of the proposed openings; and if no exceptions 
be hied to the said report within ten days after notice to the 
opposite party, his agent or attorney, of the filing of said 
report, it shall be marked confirmed by the clerk, and the 
petitioner or petitioners may proceed to make said opening 
or openings, and shall have the right to use the same for the 
purpose of ventilation and drainage as aforesaid and as a 
passage-way. The proceedings shall be recorded in the road- 
docket of the proper county, and the pay of viewers shall be 
the same as in road cases. If exceptions be filed they shall 
be disposed of by the said court as speedily as possible, and 
both parties to have the right to take depositions as in road 
cases. If, however, the petitioner desires to make such open¬ 
ing before the final disposition of such exceptions, he shall 
have the right to do so, by giving bond to be approved by 
the court securing the damages as provided by law in the 
case of lateral railroads.* 

5. MINE INSPECTORS. 

8. Board of examiners.— In the year 1889, and every 
four years thereafter, the governor shall, as hereinafter pro¬ 
vided, during the month of February, appoint two mining 
engineers of good repute and of known experience and 
practice at the time; he also shall, as hereinafter provided, 

*Act of June 30th, 1885, sec. 7, P. L., 205. See also acts of April 16th, 
1838, P. L., 637; and April 13th, 1868, P. L., 92. 





STATUTES—BITUMINOUS REGION. 


73 


during the same month and every four years thereafter, 
notify three president judges of the courts of common 
pleas of the judicial districts of the State containing bitu¬ 
minous coal mines, whose duty it shall be, each of them, to 
appoint one reputable miner, of at least five years’ practical 
experience in the mining region of Pennsylvania, in prac¬ 
tice at least three months prior to his appointment, and a 
citizen of the Commonwealth not less than five years : Pro¬ 
vided, That any person having been employed, five months 
prior to the meeting of the examining board, as superin¬ 
tendent, State or county officer shall not serve on examin¬ 
ing board. The two engineers and the three miners so ap¬ 
pointed shall constitute a board of examiners, whose duty 
it shall be to inquire into the character and qualifications 
of candidates for the office of inspector of mines, under 
the provisions of this act. The examining board so con¬ 
stituted shall meet in the city of Pittsburgh, on the first 
Monday of April, and, when called together by the gov¬ 
ernor for extra occasions, at such time and place as he may 
designate, and after being duly organized and having taken 
and subscribed, before any officer authorized to administer 
the same, the following oath, namely: “We, the under¬ 
signed, do solemnly swear (or affirm) that we will peform 
the duties, of examiners of applicants for appointment as 
inspectors of bituminous coal mines, to the best of our 
abilities, and that, in recommending or rejecting said ap¬ 
plicants, we will be governed by the evidence of the quali¬ 
fication to fill the position, under the law creating the same 
and not by any consideration of political or other personal 
favor, that we will certify all whom we may find qualified 
according to the true intent and meaning of the act and 
none others,” shall proceed to the examination, which shall 
be in writing, of those who may represent themselves as 
candidates for said office; and they shall certify to the gov¬ 
ernor the names of all such applicants as they shall find 
competent to fill the office, under the provisions of this act, 
which names, with the certificates and their percentage and 
the oath of the examiner, shall be mailed to the secretary 
of the Commmonwealth and be filed in his office: Pro¬ 
vided, That no person shall be returned as competent whose 
percentage shall be less than ninety per cent., and such cer¬ 
tificate shall be valid only when recommended by four of 
the examining board. The qualification of candidates for 
said office of inspectors of mines, to be inquired into and 




74 


COAL MINING LAWS OF PENNSYLVANIA. 


certified by said examiners, shall be as follows, namely: 
They shall be citizens of Pennsylvania, of temperate habits, 
of good repute as men of personal integrity, shall have at¬ 
tained the age of thirty years, and shall have had at least 
five years’ practical experience in the workings of the coal 
mines of Pennsylvania, and, upon the examination, they 
shall give evidence of such theoretical as well as practical 
knowledge, and general intelligence regarding mines and 
mining and the working thereof, and all noxious gases, as 
will satisfy the examiners of their capability and fitness for 
the duties imposed upon inspectors of mines, by the pro¬ 
visions of this act. The board of examiners shall also at 
their meeting, or when at any time called by the governor 
together for an extra meeting, divide the bituminous coal 
counties of the State into eight inspection districts, as nearly 
equal to the labor to be performed as is possible, and, at any 
subsequent calling of the board of examiners, this division 
may be revised as experience may prove to be advisable; 
and they shall immediately after the examination furnish 
each person, who came before said examination board to be 
examined, all questions, which were given at the examina¬ 
tion, on printed slips of paper and to be marked solved 
right or wrong as the case may be. The board of exam¬ 
iners shall each receive five dollars per day, and all neces¬ 
sary expenses, to be paid out of the State treasury. 

Appointment of inspectors.—Upon the filing of the 
certificates of the examining board in the office of the secre¬ 
tary of the Commonwealth, the governor shall, from the 
names so certified, commission one person to be inspector of 
mines for each district, as fixed by the examiners in pursu¬ 
ance of the act, whose commission shall be for a full term of 
four years to be computed from the fifteenth day of May, 
1885; Always provided hoioever , The highest candidate or 
' candidates in percentage shall have priority to be commis¬ 
sioned for a full term, or unexpired term, before those can¬ 
didates of a lower percentage, and in case of a tie in per¬ 
centage the oldest candidate shall be commissioned. As 
often as vacancies occur in said offices of inspectors of 
mines, the governor shall commission, for the unexpired 
term, from the names on file, the highest in percentage 
above ninety per centum, in the office of the secretary of the 
Commonwealth, until the number shall be exhausted, and, 
whenever this may occur, the governor shall cause the afore¬ 
said board of examiners to meet, who shall examine persons 




STATUTES—BITUMINOUS REGION. 


ro 


who may present themselves for the vacant office of inspect¬ 
or, in the same manner as herein provided, and the board 
of examiners shall certify to the governor one person high¬ 
est in percentage, to be commissioned by him for the office 
of inspector for the unexpired term; and any vacancies that 
may occur in the examining board, shall be filled by those or 
their successors in whose jurisdiction the vacancy occurred. 

Salaries and expenses.—Each inspector of mines shall 
receive for his services an annual salary of $2000 and actual 
traveling expenses, to be paid quarterly by the State treas¬ 
urer upon warrant of the auditor-general; and all mine in¬ 
spectors hereafter appointed shall make their residence and 
keep an office in the district for which they are commis¬ 
sioned. Each inspector is hereby authorized to procure such 
instruments and chemical tests, stationery, and to incur such 
expense of communication from time to time, as may be 
necessary to the proper discharge of his duties under this 
act, at the cost of the State, which shall be paid by the 
State treasurer upon accounts duly certified by him, and 
audited by the proper department of the State. All instru¬ 
ments, plans, books, memoranda, notes, et cetera, pertaining 
to the office, shall be the property of the State, and shall be 
delivered to their successors in office. That, in addition to 
the expenses now allowed by law to the mine inspectors in 
enforcing the several provisions of this act, to which this is 
supplementary, they shall be allowed all necessary expenses, 
by them incurred in enforcing the several provisions of said 
laws in the respective courts of the Commonwealth, the same 
to be paid by the State treasurer on warrants drawn by the 
auditor-general, after auditing the same; all such accounts 
presented by the mine inspector to the auditor-general shall 
be itemized, and first approved by the court before which 
the proceedings were instituted * 

*Act of June 30th, 1885, sec. 8, P. L., 205. 

On July 14th, 1887, Attorney-General Kirkpatrick, in reply to a re¬ 
quest for an opinion, said :— 

“ I have the honor to submit, in response to your inquiry as to what is 
meant by ‘traveling expenses/ as per section 8 of the act relative to bitu¬ 
minous coal mines, &c., approved June 30th, 1885, that the expression, 
‘actual traveling expenses/ is only applicable to such actual, outlays and 
expenses as are necessitated by traveling from point to point in the proper 
performance of the duties imposed upon the inspectors mentioned in the 
said act, such as car fare, and stage and carriage hire. I do not think it 
includes hotel expenses, board bills, or the expense of permanently main¬ 
taining and keeping a horse and carriage. I assume that your question 
relates to the above matters, and answer them accordingly.” 



76 


COAL MINING LAWS OF PENNSYLVANIA. 


9. Bonds. —Each inspector of bituminous coal mines 
shall, before entering upon the discharge of his duties, give 
bond in the sum of five thousand dollars, with sureties to be 
approved by the president judge of the district in which he 
resides, conditioned for the faithful discharge of his duty, 
and take an oath (or affirmation) to discharge his duties 
impartially and with fidelity to the best of his knowledge 
and ability. But no person, who shall act as a manager or 
agent of any coal mine, or as a mining engineer, or to be 
interested in operating any coal mine, shall, at the same 
time, act as an inspector of coal mines under this act.* 

10. Duties of inspectors. —The inspector of bitumi¬ 
nous coal mines shall each devote the whole of his time to 
the duties of his office ; it shall be his office to examine the 
mines in his district, as often as possible, which shall not 
be less than once in three months (and report how often he 
has visited each mine in the year) to see that all the provis¬ 
ion^ of this act are observed and strictly carried out; and 
he shall make record of all examinations of mines showing 
the condition in which he finds them, especially in refer¬ 
ence to the ventilation and drainage, the number of mines 
in his district, the number of persons employed in each mine, 
the extent to which the law is obeyed, and progress made in 
the improvement sought to be secured by the passage of this 
act, the number of accidents and deaths resulting from 
injuries received in or about the mines, with cause of such 
accident or death, which record, completed to the thirty-first 
day of December of each and every year, shall, on or before 
the first day of February following, be filed in the office of 
the secretary of internal affairs, to be by him recorded and 
included in the annual report of his departments 

11. Inspectors may enter mines at all times— 
Notice to owners—Costs—Injunction.— That the in¬ 
spectors may be enabled to perform the duties herein im¬ 
posed upon them, they shall have the right at all times 
to enter any bituminous coal mine, to make examination, or 
obtain information; they shall notify the owners, operators, 
lessees, superintendent, or mining bosses, in writing and 
keep a copy thereof, immediately of the discovery of any 
violation of this act, and of the penalty imposed thereby 
for such violation and in case of such notice being disre¬ 
garded for the space of five days, they shall institute pro- 

*Act of June 30th, 1885, sec. 9, P. L., 205. 

fAct of June 30th, 1885, sec. 10, P. L., 205. 



STATUTES—BITUMINOUS REGION. 


77 


ceedings against the owner, operator, lessee, superintendent, 
or mining boss, of the mine, under the provisions of section 
twenty-one of this act; in case however where, in the judg¬ 
ment of the inspector of any district, delay may jeopardize 
life or limb, he shall at once notify one of the inspectors 
of the other district, whereupon they shall at once proceed 
to the mine where the danger exists and examine into the 
matter, and if, after full investigation thereof, they shall 
be agreed in the opinion that there is immediate danger, 
they shall apply in the name of the Commonwealth to 
the court of common pleas of the county, or in case the 
court shall not be in session to a judge of the said court in 
chambers, in which the mine may be located, for an injunc¬ 
tion to suspend all work in and about such mine; where¬ 
upon said court or judge shall at once proceed to hear and 
determine speedily the same, and, if the cause appear to be 
sufficient after hearing the parties and their evidence as in 
like cases, shall issue their writ to restrain the working of 
said mine until all cause of danger is removed; and the 
costs of said proceedings, including the charges of attorney 
prosecuting the same, shall be borne by the owner, lessee or 
agent of the mine : Provided , That no fee exceeding the sum 
of twenty-five dollars shall be taxed in any one case for the 
attorney prosecuting such case: Provided further , That if 
said court shall find the cause not sufficient, then the case 
shall be dismissed, and the costs shall be borne by the county * 
12. Notice in case of accident to inspector or 
coroner. —Whenever, by reason of any explosion or other 
accident, in any bituminous coal mine or the machinery 
connected therewith, loss of life or serious personal injuries 
shall occur, it shall be the duty of the person having charge 
of such mine or colliery to give notice thereof forthwith to 
the inspector of the district, and if any person is killed 
thereby to the coroner of the county, who shall give due 
notice of the inquest to be held; if the coroner shall de¬ 
termine to hold an inquest, the mine inspector shall be 
allowed to testify and offer such testimony as he may deem 
necessary to thoroughly inform the said inquest of the 
causes of the death; and the said inspector shall have 
authority at any time to appear before such coroner and 
jury and question or cross-question any witness, and in choos¬ 
ing a jury for the purpose of holding such inquest, it shall 


*Act of June 30th, 1885, sec. 11, P. L., 205. 






78 


COAL MINING LAWS OF PENNSYLVANIA. 


be the duty of the coroner to empanel a jury, no one of 
whom shall be directly or indirectly interested. It shall be 
the duty of the inspector, upon being notified as herein 
provided, to immediately repair to the scene of the acci¬ 
dent and make such suggestions as may appear necessary 
to secure the future safety of the men; and, if the results of 
the explosion or accident do not require an investigation 
by the coroner, he shall proceed to investigate and ascertain 
the cause of the explosion or accident, and make a record 
thereof, which he shall file as provided for; and to enable 
him to make the investigation, he shall have power to com¬ 
pel the attendance of persons to testify, and to administer 
oaths, or affirmations; the cost of such investigation shall 
be paid by the county in which the accident occurred, in 
the same manner as costs of inquest held by the coroners or 
justices of the peace are paid.* 

13. Removal for cause.— The court of common pleas 
of any county in the proper district, upon a petition signed 
by hot less than fifteen reputable citizens, who shall be miners, 
owners or lessees of mines, and with the affidavit of one or 
more of said petitioners attached, setting forth that any 
inspector of mines neglects his duties, or is incompetent, or 
that he is guilty of a malfeasance in office, shall issue a cita¬ 
tion in the name of the Commonwealth to the said inspector 
to appear, on not less than fifteen days’ notice, upon a day 
fixed, before said court, at which time the court shall proceed 
to inquire into and investigate the allegations of the petition¬ 
ers ; if the court find that the said inspector is neglectful of 
his duties, or is incompetent to perform the duties of his 
office, or that he is guilty of malfeasance in office, the court 
shall certify the same to the governor, who shall declare the 
office of said inspector vacant, and proceed in compliance 
with the provisions of this act to supply the vacancy; the 
costs of said investigation shall, if the charges are sus¬ 
tained, be imposed upon the inspector, but if the charges 
are not sustained, they shall be imposed upon the peti- 
tioners.f 

14. Appeal from inspector to quarter sessions.— 

The inspector shall exercise a sound discretion in the en¬ 
forcement of the provisions of this act, and if the operator, 
owner or miners shall not be satisfied with any decision the 
inspector may arrive at in the discharge of his duties under 

*Act of June 30th, 1885, sec. 12, P. L., 205. 

fAct of June 30th, 1885, sec. 13, P. L., 205. 






STATUTES—BITUMINOUS REGION. 


79 


this act, which said decision shall be in writing signed by 
the mine inspector, the said owner, operator, miner or min¬ 
ers, shall forthwith appeal from such decision to the court 
of quarter sessions of the county wherein the mine is located, 
and said court shall speedily determine the question involved 
in said decision and appeal which said decision shall be 
binding and conclusive. The court in its discretion may 
appoint three practical, reputable, competent and disinter¬ 
ested persons, whose duty it shall be under instructions of 
the said court to forthwith examine such mine, and make re¬ 
port under oath of the facts as they exist, or may have been, 
together with their opinions thereon. The report of said 
board shall become absolute, unless exceptions thereto shall 
be filed within ten days after notice of the filing thereof to 
the owner, operator, miner or miners, or inspector; and if 
exceptions are filed, the court shall at once hear and deter¬ 
mine the same, and the decision shall be final and conclusive. 
If the court shall finally sustain the decision of the. inspector, 
then the appellant shall pay all costs of such proceedings, 
and if the court shall not sustain the decision of the inspect¬ 
or, then such costs shall be paid by the county, or by the 
appellant and county, in such proportion as the court shall 
determine. That no appeal from any decision made by any 
mine inspector shall work as a supersedeas to such decision 
during the pendency of such appeal, but all such decisions 
shall be in full force until reversed, or modified by the proper 
court.* 

6. MINING BOSS. 

15. Examining board for mining boss certificates. 

—On the petition of the mine inspector of any district, the 
courts of common pleas in any county in said district shall, 
at the first term after the passage of this act, appoint an ex¬ 
amining board, consisting of a mine inspector, an operator 
and a miner, who are citizens of the United States and shall 
have at least five years’ experience in the bituminous mines 
of the State, who shall examine any person applying thereto 
as to his competency and qualifications to discharge the du¬ 
ties of mining boss. The said board of examiners shall 
meet at the call of the inspector, and they shall grant certifi¬ 
cates to all persons whose examination shall disclose their 
fitness for the duties of mining boss, and such certificates 


*Act of June 30th, 1885, sec. 14, P. L., 205. 





80 


COAL MINING LAWS OF PENNSYLVANIA. 


shall be sufficient evidence of the holder’s competency and 
qualifications for the duties of the said office: Provided , That 
any person, who shall have been employed as a miner at 
least five years in the bituminous mines of Pennsylvania, 
and as a mining boss continuously by the same person or firm 
for the period of one year next preceding the passage of this 
act, shall be entitled to a certificate without undergoing said 
examination, but he shall not be employed by any other per¬ 
son or firm without having undergone such examination. 
The examining board shall hold their office for the period 
of four years from the date of their appointment, and shall 
receive five dollars per day for each day necessarily em¬ 
ployed, and mileage at the rate of three cents per mile for 
each mile necessarily traveled, to be paid by the Common¬ 
wealth. For each certificate granted the board shall receive 
the sum of one dollar, which shall be for the use of the Com¬ 
monwealth. 

No person shall act as fire boss in any bituminous mine, 
unless granted a certificate of competency by any of the mine 
inspectors of the bituminous region of Pennsylvania, and it 
shall be unlawful for any owner, operator, contractor, super¬ 
intendent, or agent to employ any person as fire boss who 
has not obtained such certificate. 

After January 1st, 1886, no owner, operator, contractor, 
lessee, superintendent or agent shall employ any mining boss 
or fire boss, who does not have the certificate of competency 
or service required by this section. 

And if any accident shall occur, in any mine in which a 
mining boss or fire boss shall be employed, who has no cer¬ 
tificate of competency or service as required by this section, 
by which any miner shall be killed or injured, he or his heirs 
shall have a right of action against such operator, owner, 
superintendent, contractor, lessee or agent, and shall recover 
the full value of the damages sustained.* 

*Act of June 30th, 1885, sec. 15, P. L., 205. 

On December 10th, 1890, Deputy Attorney-General Sanderson, in re¬ 
ply to a mine inspector, said:— 

“ I have the honor to acknowledge receipt of your letter of the fourth 
instant, in which you inclose forms of first and second class certificates 
granted to mining bosses by the examining board of your district, and in 
which you submit the question whether the board of examiners are justi¬ 
fied in issuing second class certificates. 

“ An inspection of the certificates shows that one form certifies that the 
holder is competent and qualified to discharge the duties of mining boss 
in any bituminous coal mine in the State of Pennsylvania. The other 
form, which is entitled ‘ a certificate of the second grade/ certifies that 





STATUTES—BITUMINOUS REGION. 


81 


7. BOYS AND FEMALES. 

16. Boys and females not to be employed. —No boy, 

under the age of twelve years, and no woman or girl of any 
age, shall be employed or permitted to be in any bituminous 

the holder is competent and qualified to discharge the duties of mining 
boss in any drift bituminous coal mine in the State of Pennsylvania which 
does not generate explosive gas and in no other. The fifteenth section of 
the act of 80th June, 1885 (P. L., 205), provides that the examiner 
shall grant certificates to all persons whose examination shall disclose 
their fitness for the duties of mining boss, and that such certificate shall 
be sufficient evidence of the holder’s competency and qualification for the 
duties of said office. However expedient it may be, from the practical 
standpoint, to make the distinction shown by the certificates as to grades 
of competency, I am of the opinion that the distinction is not authorized 
by law, and that the examining board has authority to issue no other than 
the certificate which certifies that the holder is competent and qualified 
to discharge the duties of mining boss in any bituminous coal mine in the 
State of Pennsylvania. 

“ By yours of the sixth instant, you submit several questions, which I 
state and answer as follows:— 

“ Is a person entitled to a certificate of competency as a mining boss 
who has not had five years’ practical experience in the bituminous mines 
of Pennsylvania ? 

“ The fifteenth section of the above-quoted act of Assembly provides 
that any person who shall be employed as a miner at least five years in 
the bituminous mines of Pennsylvania, and as a mining boss continuously 
by the same person or firm for the period of one year next preceding the 
passage of the act, shall be entitled to a certificate without undergoing an 
examination, but that he shall not be employed by any other person or 
firm without having undergone such examination. I think the legal 
qualification of five years’ experience applies only to such a case, and that, 
as appears from a comparison of sections 5 and 15, persons who are citi¬ 
zens and who are found to be competent and qualified to discharge the 
duties of mining boss, are entitled to certificates. The question of the 
competency and qualification of such is left in broad and general terms to 
the wise discretion of the board of examiners. 

“ You next inquire whether the law requires the fire boss to be a citizen 
of the United States, and to this I reply that I find nothing in the statute 
requiring such citizenship, and that, in my opinion, such citizenship is not 
necessary.” 

On August 22d, 1890, Deputy Attorney-General Sanderson said 

“1. In my opinion the terms ‘person or firm’ in the fifteenth sec¬ 
tion of the act of June 30th, 1885 (P. L., 216), include artificial as well as 
natural persons, and hence include corporations. Therefore, one who 
has been employed one year, &c., by a corporation, &c., and has received 
a certificate, may continue in the service of such corporation. 

“ 2. In my opinion the examining board, which has granted a certificate 
of service of competency, can issue another to replace one lost by a person 
examined. 

“ 3. On consideration of the terms of the fifth section of said act, and 
of the duties thereby enjoined upon the mining boss relative to the mine 
workings, the miners, the mine inspector, and the mine owner, I am of 
the opinion the act contemplates that the mining boss shall be a person 
other than an owner, operator, or contractor interested in the mine, 





82 


COAL MINING LAWS OF PENNSYLVANIA. 


coal mine for the purpose of employment therein, nor shall 
any boy under the age of ten years, or any woman or girl 
of any age, be employed or permitted to be in or about the 
outside structure or workings of any bituminous mine or 
colliery for the purpose of employment: Provided however , 
That this provision shall not affect the employment of a 
boy or a female of suitable age in an office, or in the per¬ 
formance of clerical work at such mine or colliery.* 

8. LIABILITY OF OWNERS. 

17. Liability for injury. —For any injury to person or 
property occasioned by any violation of this act, or any will¬ 
ful failure to comply with its provisions, a right of action 
against the party at fault shall accrue to the party injured 
for the direct damage sustained thereby; and in any case of 
loss of life by reason of such violation or willful failure, a 
right of action against the party at fault shall accrue to the 
widow and lineal heirs of the person, whose life shall be lost, 
for like recovery of damages for the injury they shall have 
sustained.t 


although the latter might be otherwise competent to perform the duties 
of a mining boss.” 

On December 20th, 1888, Deputy Attorney-General Sanderson, in reply 
to a request for an opinion, said :— 

“ By your letter of the 13th inst. you refer to the fifteenth section of 
the bituminous mining act of June 30th, 1885, calling attention to the 
following proviso : [Quoting the proviso.] 

“And you put the question whether a mining boss who holds a certifi¬ 
cate by reason of service, which was granted in compliance with said 
section, requires a new certificate on a change of membership in a com¬ 
pany organized as a limited partnership. 

“ I am of the opinion that he does not, but that, within the meaning 
of the proviso cited, he still remains in the employment of the same 
person or firm.” 

A mine boss is a fellow-servant of a miner; and if an operator use 
reasonable care in the selection of the boss, he is not responsible to a 
miner for any injury from the boss’ negligence. Reese vs. Biddle, 112 
Pa., 72 (1886); Coal Co. vs. Biddle, 18 W. N. C., 108 (1886); Coke vs. 
Roby, 115 Pa., 364 (1886); Canal Co. vs. Carroll, 89 Pa., 374 (1879); Bridge 
Co. vs. Newberry, 96 Pa., 246 (1880) ; Mullarky vs. Coal and Iron Co., 2 
Law Times (N. S.), 225. 

A mine boss is a fellow-servant with a driver-boy employed to haul 
coal from the chambers of the mine. Waddell vs. Simson, 112 P. S , 
567 (1886). 

*Act of June 30th, 1885, sec. 16, P. L., 205. See also act of June 30th, 
1885, P. L., 202, w r hich prohibits the employment of female labor in and 
about coal mines. 

fAct of June 30th, 1885, sec. 17, P. L., 205. 






STATUTES—BITUMINOUS IIEGION. 


83 


9. STRETCHERS. 

18. Stretchers. —It shall be the duty of owners, oper¬ 
ators, contractors, superintendents, lessees or agents to keep 
at the mouth of the drift, shaft, or slope, or at such other 
place as shall be designated by the mine inspector, stretchers 
properly constructed for the purpose of carrying away any 
miner or employe working in or about such mine, who may 
in any way be injured in and about his employment.* 


10. REPORTS. 


19. Reports of inspectors. —It shall be the duty of the 
mine inspector, on each visit to any mine, to make out a 
written, or partly written and partly printed, report of the 
condition in which he finds such mine and post the same in 
the office at the mine. The said report shall give the date 
of the visit, the number of visits during the year, the total 
number of mines in his district, the number of feet of air in 
circulation and where measured, and such other information 
as he shall deem necessary; and the said report shall remain 
posted in the office for one year, and said report may be ex¬ 
amined by any miner or person employed in and about such 
mine.t 

20. Reports of owners. —On or before the fifteenth day 
of January in each year, the owner, operator or superintend¬ 
ent of every mine or colliery shall send to the inspector of 
his district a correct report, specifying, with respect to the 
year ending the 31st of December preceding such report, the 
name of the owner or operator, and officers of the mine, and 
the quantity of coal mined; the report shall be in such 
form and give such information as may be from time to 
time required and prescribed by the mine inspector of the 
district. Blank forms for such reports shall be furnished 
by the Commonwealth.^ 

11. PENALTIES. 


21. Penalties. —The neglect or refusal to perform the 
duties required to be performed by any section of this act, 
by the parties therein required to perform them, or the 


*Act of June 80th, 
fAct of June 30th, 


1885, sec. 18, P. L., 205. 
1885, sec. 19, P. L., 205. 



84 


COAL MINING LAWS OF PENNSYLVANIA. 


violation of any of the provisions or requirements hereof, 
shall be deemed a misdemeanor, and shall upon conviction 
be punished by fine of not less than $200 and not exceeding 
$500, at the discretion of the court. And in default of pay¬ 
ment of such fine and costs for the space of ten days, the de¬ 
fendant shall' be sentenced to imprisonment in the county 
jail for a period not exceeding six months.* 

12. APPLICATION OF ACT. 

22. Act not to apply to certain mines. —The provis¬ 
ions of this act shall not apply to any mine employing less 
than ten persons in any one period of twenty-four liours.t 


III. BODIES ENTOMBED. 

Whenever any workman or workmen shall heretofore 
have been, or shall hereafter be enclosed, entombed or 
buried in any coal mine in this Commonwealth, it shall be 
the duty of the court, sitting in equity, in the county wherein 
such workman or workmen are enclosed, entombed or buried, 
upon the petition of any of the relatives of those enclosed, 
entombed or buried, to make an order of court for the peti¬ 
tioner to take testimony, in order that the court may ascer¬ 
tain whether such workman or workmen, or the body or 
bodies of such workman or workmen, can be recovered or 
taken out of said mine. If, after full hearing, it shall ap¬ 
pear to the court that such undertaking is feasible or prac¬ 
ticable, said court may forthwith issue a peremptory man¬ 
damus to the owner or owners, lessee or lessees, operator or 
operators of such coal company, to forthwith proceed to 
work for and recover and take out the body or bodies of 
such workman or workmen, and said court shall have full 
authority to enforce such peremptory mandamus in the man¬ 
ner already provided for the enforcement of such process.! 


*Act of June 30th, 1885, sec. 21, P. L., 205. 
fAct of June 30th, 1885, sec. 22, P. L., 205. 

JAct of May 9th, 1889, P. L., 154. In the petition ofMalitsky, 6Kulp, 
6 (1890), it was held that the act of May 9th, 1889, P. L., 154, entitled “ An 
act to provide for the recovery of the bodies of workmen enclosed, buried 
or entombed in coal mines,” confers jurisdiction upon the court and con¬ 
templates a full hearing and consequently notice to the respondents and an 
opportunity to produce evidence. 






STATUTES—INSPECTORS’ REPORTS—FEMALE LABOR. 85 


IV. INSPECTORS’ REPORTS. 

An act to amend an act, entitled “ An act to regulate the 
publication, binding and distribution of the public docu¬ 
ments of this Commonwealth,” approved the sixteenth day 
of April, Anno Domini 1887 

Section 2. That clause 14, of the first section of said 
act, which reads as follows : “ Seven thousand eight hundred 
and ten copies of the report of the inspectors of mines (an¬ 
thracite regions); two thousand for the Senate, four thou¬ 
sand for the House of Representatives, fifty for the governor, 
sixty for the State librarian, for distribution and exchange 
with the States and territories, twelve hundred to be dis¬ 
tributed pro rata to the anthracite mine inspectors, and five 
hundred for reserve work,” be and the same is hereby 
amended to read as follows: Seven thousand eight hundred 
and ten copies of the reports of the inspectors of mines for 
the bituminous and the anthracite regions; two thousand 
for the Senate, four thousand for the House of Representa¬ 
tives, fifty for the governor, sixty for the State librarian for 
distribution and exchange with the States and territories, 
twelve hundred to be distributed pro rata among the said 
mine inspectors, and five hundred for reserve work.* 


V. FEMALE LABOR. 

1. From and after the passage of this act, it shall be un¬ 
lawful for any person, firm, company, corporation or associ¬ 
ation engaged in mining coal, mining and manufacturing 
or manufacturing it, in this State, their clerks, agents, 
superintendents, officers or servants, to employ, cause or 
permit to be employed, any female labor or laborers in and 
about the coal mine, or any of the manufactories of coal, 
in this State; and any person so offending upon conviction, 
shall be fined in any sum not exceeding $500, nor less than 
$100, or be imprisoned in the county jail, for a period not 
exceeding six months, either, or both in the discretion of 
the court; one half of said fine to go to the informer and 
the remainder to the school fund of the district wherein 
the offense shall have been committed: Provided , lioivever , 


*Act of April 23d, 1889, sec. 2, P. L., 43. 





86 


COAL MINING LAWS OF PENNSYLVANIA. 


That the provisions of this bill shall not affect the employ¬ 
ment of a female in an office, or in the performance of cler¬ 
ical work, at such mine or colliery.* 

2. All laws and parts of laws, inconsistent with the pro¬ 
visions of this act be and the same are hereby repealed.! 


VI. PROTECTION OF MINES. 

1. Malicious injuries. —If any person shall unlaw¬ 
fully and maliciously cause any water to be conveyed into 
any mine, or into any subterraneous passage communi¬ 
cating therewith, with intent thereby to destroy or damage 
such mine, or to hinder or delay the working thereof, or 
shall, with the like intent, unlawfully and maliciously pull 
down, fill up or obstruct any airway, waterway, drain, pit, 
level or shaft of, or belonging to any mine, such offender, 
his aiders and abettors, shall, on conviction thereof, be sen¬ 
tenced to pay a fine not exceeding $500, and undergo an 
imprisonment not exceeding two years.! 

2. Penalties for illegal mining. —If any person or 
corporation shall mine or dig out any coal, iron or other 
minerals, knowing the same to be upon the land of another 
person or corporation, without the consent of the owner, the 
person or corporation so offending shall be guilty of a misde¬ 
meanor, and being thereof convicted, shall be sentenced to pay 
such fine not exceeding one thousand dollars or to such im¬ 
prisonment not exceeding one year as the court in their discre¬ 
tion may think proper to impose; and the person or corpora¬ 
tion so offending shall be further liable to pay to such owner 
double the value of the said coal, iron or other materials so 
mined, dug out or removed, or in case of the conversion of 
the same to the use of such offender or offenders treble the 
value thereof, to be recovered with costs of suit by action of 
trespass or trover as the case may be, and no prosecution by 
indictment under this act shall be a bar to such action: 
Provided , That the provisions of this act shall not apply to 
persons picking coal for their own domestic use.§ 

*Act of June 30*h, 1885, sec. 1, P. L., 202. See, also, acts of June 30th, 
1885, P, L., 205, and June 2d, 1891, P. L., 176. 

fAct of June 30th, 1885, sec. 2, P. L., 202. 

JAct of March 31st, 1860, sec. 150, P. L., 382; see, also, acts of June 
2d, 1891, P. L., 176, and June 30th, 1885, P. L., 205. 

gAct of May 8th, 1876, sec. 1, P. L., 142. 





STATUTES—DRAINAGE. 


87 


3. Waste. —And be it further enacted by the authority 
aforesaid, that quarrying and mining, and all such other 
acts as will do lasting injury to the premises, shall be con¬ 
sidered as waste, under the provisions of the second section 
of the act entitled “ A supplement to the act entitled, ‘ An 
act to enable the justice of the supreme court to hold circuit 
courts within this Commonwealth/ ” passed the second day 
of April, 1803 : Provided , That no writ of estrepement shall 
be issued to prevent waste or injury by the working of 
quarries or mines, which were opened previous to the insti¬ 
tution of the suit for recovering possession thereof, until the 
term next succeeding that to which the writ of ejectment 
was returnable, or until the plaintiff shall have filed, in the 
office of the prothonotary of the proper court, an affidavit 
that the title, or right of possession to the premises, or some 
part thereof, is vested in him, and until the attorney for the 
plaintiff shall have certified his opinion, that the title or 
right of possession is vested in the plaintiff as aforesaid: 
And provided further , That the court in which the action 
is pending shall have authority to dissolve the writ of 
estrepement, on the defendant giving security to indemnify 
the plaintiff against any damage or loss by the further 
working of the quarries or mines, or on such other terms 
and conditions as the court may consider equitable and just * 


VII. DRAINAGE. 

1. Extension of drains on another’s property— 
Procedure. —When the owner or owners, of wet or spouty 
land, in this Commonwealth, shall desire to improve the 


*Act of March 27th, 1833, sec. 3, P. L., 99. See Neel vs. Neel, 19 Pa., 
323 (1852); Westmoreland Coal Co.'s Appeal, 85 Pa., 344 (1877); Griffin 
vs. Fellows, 32 P. F. Smith, 114 (1873); Brown vs. O’Brien, 3 Clark, 93. 

Opening a new mine upon a property where none existed at the time 
a mortgage was created is waste as against the mortgagee. Righter vs. 
Hamilton, 10 Co. Ct. Rep., 260 (1891). 

As a general rule an injunction will not be granted to restrain the 
commission of a mere trespass to real estate, but where the injury ex¬ 
tends to the destruction or carrying away of the minerals, which consti¬ 
tute the chief value of the property, an injunction may be granted. Grassy 
Island Coal Company vs. The Hillside Coal and Iron Company, 1 Lacka¬ 
wanna Jurist, 297 (1890). See Frisbie Coal Co. vs. Brennan, 1 Lacka¬ 
wanna Jurist, 417 (1890). 





88 


COAL MINING LAWS OF PENNSYLVANIA. 


same, for agricultural purposes, by surface, or under, drains, 
or both, and when, from any cause, it becomes necessary to 
extend said drains upon, or over, the land of other owners, 
in order to render them effectual, the person or persons, so 
desiring to drain, may present a petition to the court of 
quarter sessions of the county wherein such land may be, 
setting forth the situation thereof, and the necessity for 
an extension of the proposed drain, or drains, upon, or 
over, the land of su'ch other owners, specifying the prob¬ 
able extent thereof; and thereupon, the said court shall 
appoint three judicious persons to view the proposed drain, 
or drains; and said viewers shall view the same, and if 
they, or a majority of them, shall agree that there is occa¬ 
sion for such extension of such drain, or drains, in order 
to effect the agricultural improvement, and development, 
of said land, they, or a majority of them, shall proceed to 
lay out the same, having respect to the shortest distance, 
and the best ground, for the location thereof, and in such 
manner as shall do the least injury to private property, and 
also be, as far as practicable, agreeable to the desire of the 
petitioners, and make report to the next term of said court, 
of their proceedings; and said viewers, or a majority of 
them, shall assess the damages, on behalf of the person 
entitled thereto, if any, in their opinion, will ensue from 
such extension, and report the same, together with a plot, 
or draft, of the drain, or drains, by them laid out, specify¬ 
ing also whether the same shall be surface, or under, drains, 
and the expense of the said views shall be paid by the per¬ 
sons applying for the same; due notice, of the time and 
place of meeting of said viewers, to be given to all parties 
in interest: Provided , That if any person, by mill-dam, 
hereafter constructed, or other obstruction, hinder the drain¬ 
age of land adjoining their own, the viewers appointed, as 
aforesaid, shall, upon petition of the owner of said land, 
assess, and report, the damage sustained by such obstruc¬ 
tion, subject to the provisions of section first of this act.* 
2 . Certain sections of the road law extended to 
drainage cases.— That the twenty-fifth, fifty-first, fifty- 
third and sixtieth sections of the act of the 13th of June, 
1836, entitled “An act relating to roads, highways and 
bridges,” be and the same are hereby extended to all cases 
arising under this actt 




STATUTES—DRAINAGE. 


89 


3. Report of viewers—Construction of drains— 
Application of the act to certain counties only. —That 
if any of said reports, in favor of an extension of such drain, 
or drains, shall be confirmed by the court, proof being first 
made in all cases wherein damages have been assessed, that the 
said damages have been paid to the party to whom the same 
were awarded, or to the county treasurer, for the use of such 
party, the said court shall direct their clerk to issue an order, 
to the party petitioning, authorizing him, or them, to exca¬ 
vate, and construct, said drain, or drains, in the manner as 
laid out and directed in and by the said report; and the said 
petitioners, their heirs and assigns, shall be empowered, and 
required, to keep and maintain the said drains, when made, 
in good order and repair, and in default thereof, the said 
court shall have power, upon due proof of the facts, to them 
made, and full hearing of the parties concerned, to order 
and direct the said drains to be closed up and vacated : Pro¬ 
vided, That nothing in this act contained, shall authorize 
the overflowing of any land not specially provided for in 
the said report: And provided, That the provisions of this 
act shall extend only to the counties of Snyder, Juniata, 
Dauphin, Lycoming, Bradford, Union and Indiana * 

4. Extended to coal lands of Allegheny County.— 
The provisions of the act, approved the fourth day of April, 
1863, entitled “ An act relative to the draining of wet or 
spouty lands in certain counties,’’ be and the same are hereby 
extended to the county of Allegheny; and the provisions of 
said act shall extend to, apply to, and authorize the draining 
and ventilating of coal and other mines in said county, in, 
over or under the lands of other owners, by drains, shafts, 
drifts or otherwise; and the proceedings in such cases shall 
be in all respects the same as in cases where the draining is 
for agricultural purposes.t 

5. Extended to coal lands of Westmoreland County. 

That the provisions of the act to which this is a supplement, 
so far as the county of Westmoreland is concerned, shall 
extend to the draining of coal and other mines through, 
over and under the land of other owners; and the proceed¬ 
ings in such case shall be in all respects the same as in cases 
where the draining is for agricultural purposes.:): 


*Act of April 4th, 1863, sec. 3, P. L., 293. 
fAct of February 18th, 1870, sec. 1, P. L., 197. 
JAct of March 24th, 1868, sec. 2, P. L., 438. 





90 


COAL MINING LAWS OF PENNSYLVANIA. 


VIII. UNDERGROUND WAYS. 

1. Condemnation of way to coal mines. —From and 
after the passage of this act, it shall and may be lawful for 
the several courts of quarter sessions, upon application of 
any person or persons for a private road, under the surface 
of any land, to coal mines, to cause a view to be had of the 
said premises, and upon return of viewers that said road is 
necessary, then the said court shall cause the same to be en¬ 
tered on record, and thenceforth such road shall be deemed 
and taken to be a lawful private road, shall be opened by 
the person or persons making application for the same, and 
shall be kept in repair at their exclusive cost: Provided , 
That the viewers, appointed as aforesaid, before making 
their return to the court, shall assess the amount of damages 
sustained by the owner or owners of lands through which 
the road shall be made, and embody the same in their report 
to the court, which damages, as assessed by said viewers, 
shall be paid by the person or persons making application 
for such road, to the owner or owners of such land.* 

2 . Roads partly over and partly under surface.— 
The provisions of the nineteenth section of the act, entitled 
“ An act relating to the laying out of a certain State road 
from Curwinsville, &c., and for other purposes,” approved 
April 16th, Anno Domini 1838, shall be hereafter held to 
apply to cases where the private road is sought to be obtained 
wholly over the surface, or partly over and partly under the 
surface of intervening land or lands, or in all or any of such 
ways, as well as where the same is sought to be wholly under 
the surface: Provided , The part or parts of such road located 
over the surface shall be so constructed and maintained as 
not to obstruct any public highway, or to pass through or 
over any graveyard or over any church edifice.! 

3. Roads under rivers.— That any person or persons, 
owners or lessees of anthracite coal, in or underlying lands 
or both sides of any of the rivers or other streams of this 
Commonwealth, may have the right of way across said 


*Act of April 16th, 1838, sec. 19, P. L., 637. In Waddell’s Appeal, 84 
Pa., 90 (1877), Harding, J., said : “It was held in Neeld’s Road, 1 Pa.,352, 
that the act of April 16th, 1838, was crude and imperfect, and that it 
could only be carried into effect by adding it to our road system, and 
treating it as if it was a section in the General Road law. Since then 
it has been thus treated uniformly.” 
fAct of April 13th, 1868, P. L., 92. 






STATUTES—UNDERGROUND WAYS. 


91 


rivers or other streams, or any of them, from their lands on 
one side to those on the other side, either upon the surface 
or under the same, for the purpose of mining and removing 
said coal by such route as shall be deemed or found to be 
the nearest, most practicable and convenient for making 
the said way between the said lands, with the right to fol¬ 
low, mine, remove and dispose of any vein of anthracite 
coal, or other material, within the bounds of said way, upon 
paying the owner or owners of the lands passed over or 
under for the same, as hereinafter provided.* 

4. Width of road. —The said right of way may be made 
by drift, slope,•tunnel or other necessary or proper means, 
and shall not exceed twelve feet in width.t 

5. Proceedings to condemn.— That whenever any of 
the parties before named desire to make and have a right 
of way across any river or other stream under the surface 
of the same through lands not belonging to them for the 
purpose aforesaid, such party may present a petition to the 
court of common pleas of the proper county, or any law 
judge thereof in vacation, setting forth that he or they are 
the owners or lessees of anthracite coal lying and being under 
lands on both sides of a river or other stream, which he or 
they desire to connect, for the purpose of mining the same, 
by a way under the said river or other stream, and that the 
intervening lands over which such river or other stream 
flows do not belong to them, but to other parties, and that 
it is his or their desire to be allowed to construct, and have 
a right of way under such river or other stream, and pray¬ 
ing the court to permit such party to have a right of way 
as aforesaid which petition shall set forth a description of 
the lands on both sides of the said river or other stream, 
which the party petitioning desires to connect and com¬ 
municate with by such way, and the place of beginning 
and general direction such way is designed to pursue be¬ 
tween the said lands, and as near as may be the point of 


*Act of June 13th, 1874, sec. 1, P. L., 286. In Waddell’s Ap., 84 Pa., 90 
(1877), a bill in equity was tiled to restrain the defendant from proceed¬ 
ing under the act of June 13th, 1874, from proceeding to condemn a right 
of way under the Susquehanna River. A special injunction was granted. 
Subsequently on motion the special injunction was continued, Harding, 
J., holding that the act of 1874 was unconstitutional upon the ground 
that private property could not be taken fora mere private use. On ap¬ 
peal to the Supreme Court the order continuing the injunction was sus¬ 
tained. 

fAct of June 13th, 1874, sec. 2, P. L., 286. 



92 


COAL MIXING LAWS OF PENNSYLVANIA. 


intersection, and be accompanied by a plot showing the 
relative situation of said lands, and the proposed route for 
the said way, which petition shall be filed and entered of 
record in the said court; whereupon the court or the law 
judge to whom such petition was presented, upon proof that 
reasonable notice of the presenting of said petition was 
given to all the parties interested or hereinafter provided, 
shall appoint five disinterested and judicious men residents 
of said county, at least two of whom shall be practical min¬ 
ing engineers, who within ten days after their appointment, 
and after having given at least five days’ notice of the time 
and place of view shall view and examine said, and the 
proposed route for a right of way as aforesaid; and they or 
the majority of them shall within ten days after such view 
report to said court, if in session, or to the judge who ap¬ 
pointed them, if in vacation, whether or not such proposed 
way can be made with safety and without danger to the 
mines or property of parties in the vicinity, with a draft of 
said proposed route; and notice of the filing of such report 
shall be given to all the parties interested; whereupon the 
court of the said law judge shall within ten days thereafter, 
unless sufficient cause be shown to the contrary, confirm 
said report; said viewers shall further report whether the 
damages can be speedily ascertained, and if so, shall report 
an assessment of the same to the said court or to said judge, 
together with the amount of damages it shall be to the 
owner of the lands through or under which the said way is 
desired and designed to be constructed ; but if the damage 
can only be determined as the work progresses, and the 
damages are actually done, they are to so report to the said 
court or the said judge, together with the probable amount 
of damages in the whole that may be done by the construc¬ 
tion of the said way; whereupon the parties petitioners de¬ 
siring the said right of way, shall endeavor to settle with 
the owners of the lands through which they desire to pass 
for the damage that may be done; but if such settlement 
cannot be effected, then the party petitioning may, upon 
filing a bond to the Commonwealth for the use of the par¬ 
ties injured, in double the amount of the probable dam¬ 
ages reported by said viewers, proceed at once to the con¬ 
struction of the said way; and the said viewers so as 
aforesaid appointed shall, upon the petition, of any of the 
parties interested, go upon the premises, from time to time, 
not oftener than once in thirty days, and view and assess 





STATUTES —UNDERGROUND WAYS. 


93 


the damages done up to the time of such view, which dam¬ 
ages shall be at once payable by the said petitioners to the 
owners of said lands, and shall be paid to the said owners 
or into court for their use, and if not so paid, may be col¬ 
lected out of the said bond under direction of the court; 
and the parties constructing said right of way shall be per¬ 
mitted to use and enjoy the same so long as it is used for the 
purpose for which it was constructed.* 

6. Appeals.— That the report of the said viewers and 
appraisers relating to damages as aforesaid, shall be filed 
of record in the said court, and if not appealed from, be 
liable to be confirmed or rejected by the said court as to 
right and justice shall appertain; and either of the parties 
may appeal from said report to the said court, within twenty 
days after the said report has been filed in the prothono- 
tary’s office and not after notice of such filing being given 
to the parties; five days after such appeal, either party 
may put the cause at issue, in the form approved of by 
the court, and the said issue shall be placed first on the 
trial list of the next regular term of the court, and be then 
tried and determined by the court and jury; and it shall 
be the duty of the said viewers and jury, to take into con¬ 
sideration, in assessing the damages the advantages and 
disadvantages which may result to the owner or owners 
of the lands passed through by the said way, when mak¬ 
ing up their report or forming their verdict thereont 

7. Fees—Abandonment of proceedings. —The said 
court shall allow such fees to the viewers and appraisers and 
officers of the court as are chargeable and proper for such 
services under the existing fee bills, which shall be paid 
by the petitioners for the said ways, and if necessary their 
payment shall be compelled by attachment; and it shall 
be at the option of the petitioners for the said way, either 
after the report is filed or after the verdict of the jury, 
after paying the damages and legal costs to the time, to 
abandon the further prosecution of making said way, and 
as evidence thereof, shall file his or their declaration of 
that intent, in writing, in the said court, which shall termi¬ 
nate all further proceedings on the said petition in refer¬ 
ence to said way4 


*Act of June 13th, 1874, sec. 3, P. L., 286. 
fAct of June 13th, 1874, sec. 4, P. L., 286. 
JAct of June 13th, 1874, sec. 5, P. L., 286. 





94 


COAL MINING LAWS OF PENNSYLVANIA. 


8. Notice. —Fifteen days’_ notice shall be given of the 
intention to file a petition for a right of way, in the court 
of common pleas as aforesaid, to the owners or their agents 
of the land over, through or under which the contemplated 
way shall pass, if the said owners shall reside or have a 
business office in this Commonwealth ; and in case the 
owners of said lands are unknown, and affidavit thereof 
being filed by any petitioner for said way, notice shall be 
given in one newspaper printed in the county where the 
land lies, for three consecutive weeks, and if there is no 
newspaper printed in the county where the land lies, it 
shall be printed and published in a paper in such county 
of the State, as the court may direct, having reference to 
the residence or place of business of the supposed owners 
of said lands * 

9. Underground lateral railroads. —That from and 
after the passage of this act it shall and may be lawful for 
any person or persons, company or companies, now or here¬ 
after to be incorporated in this Commonwealth, to construct 
railroads with one or more tracks under the surface over 
any intervening lands, not exceeding six miles in length, to 
or from any coal or iron or other mines, quarries, limekilns 
or other real estate, and connect the same with any railroad 
or railroads, belonging to any individual or individuals, 
company or companies, now or hereafter to be incorporated 
in this State, and also with any highway or public improve¬ 
ment: Provided , That the parties interested shall in cases 
be subject to the same proceedings required under the act of 
May 5th, Anno Domini 1832 ; an act regulating lateral 
railroads: Provided further , That if the parties interested 
cannot agree upon the mode, manner or point of connection 
with such railroad or railroads, the same shall be determined 
by the jury to be appointed by virtue of the provisions of 
the first section of the act last aforesaid: Provided , That so 
much of the act to which this is a supplement as prohibits 
a writ of error or appeal shall be and the same is hereby re- 
pealed.t 

10. Lateral railroads, —It shall be lawful for the 

owners or lessees of iron ore or coal mines to construct lateral 
railroads from said mines to any railroad, public road or 
navigable stream, over or under, or partly over and partly 


*Act of June 13th, 1874, sec. 6, P. L., 286. 

fAct of March 28th, 1840, sec. 2, P. L., 196. The act is constitutional. 
Keeling vs. Griffin, 56 Pa., 305 (1867). 




STATUTES—WARRANTS FOR COAL. 


95 


under the surface of intervening lands: Provided, Said 
lateral railroad shall not extend beyond the limits of the 
county in which said mines may be situated, nor pass 
through, disturb the operating, or endanger the safety of any 
other mine, and the proceedings to obtain said lateral roads 
shall be according to the provisions of the act of May 5th, 
1832, and the supplements thereto.* 


IX. WARRANTS FOR COAL UNDER RIVER 
BEDS. 

1. Warrants for river beds.— It shall be the duty of 
the surveyor general, on application to him made, to issue 
his warrant or warrants, for not exceeding in quantity one 
hundred acres to any one person who may apply for the 
same, to the deputy surveyor of any county, directing him 
to survey so much of the bed of any of the public naviga¬ 
ble rivers of this Commonwealth, as may be called in said 
application, beginning at a point designated in the applica¬ 
tion, at low-water mark on the bank of said river, and pur¬ 
suing the course of said river at low-water mark, as far as 
designated; then at right angles across said river to low- 
water mark; thence along the shore of said river at low- 
water mark, to a point opposite the place of beginning; and 
thence across said river to the place of beginning; the origi¬ 
nal of which to be filed in the office of the surveyor general 
and a copy to be directed to his deputy of the proper county, 
whose duty it shall be to survey the same, and make return 
thereof as soon as possible.! 

2 . Right in the warrantee to dig coal—Provisos.— 

That from and after the issuing of said warrant, the right 
to dig and mine for iron, coal, limestone, sand and gravel, 
fire-clay and other minerals, shall vest and be in the party 
in whose favor the said warrant or warrants shall issue, his 
heirs or assigns : Provided , That he or they shall so exercise 


*Act of July 5th, 1883, P. L., 176. 

f Act of April 11th, 1848, sec. 1, P. L., 533. The title of the act is: “ An 
act to encourage the further development of the mineral resources of 
Pennsylvania.” It is confined only to the counties of Allegheny and 
Fayette. See act of April 16th, 1856, P. L., 365, and April 18th, 1864, 
P. L., 437. 







96 


COAL MINING LAWS OF PENNSYLVANIA. 


the said right as not in any way to interfere with the free 
navigation of said river, or with the rights of any person 
or persons holding property on the banks thereof: Provided 
also That nothing contained in this act shall authorize any 
person to undermine the bed of any river, the navigation 
of which has been improved by the Commonwealth, or by 
any incorporated company, within one hundred yards from 
any dam, lock or other building necessary to said improve¬ 
ment, without the consent of the canal commissioners, or 
the board of managers of said company; and nothing con¬ 
tained in this proviso shall in any way be construed to 
extend to any works or mines now in operation, or to affect 
any rights now vested under existing laws: And 'provided 
also } That the Commonwealth shall have the right, after 
twenty years from this date, to revoke any such warrant or 
grant, on payment to the party, his heirs or assigns hold¬ 
ing the same, the original purchase-money, and the orig¬ 
inal costs of his works, engine, &c.; such power of revo¬ 
cation only to be in force where there is any improvement 
made.* 

3. Patents. —That the person or persons so holding said 
warrant or warrants, his or their heirs or assigns, shall and 
may at any time within ten years from the date of the same, 
have and receive a patent for the said land under the 
seal of the Commonwealth, in the usual form granting to 
them, their heirs and assigns, the right to dig and mine 
iron, coal, limestone, sand and gravel, fire-clay or any other 
mineral, on his or their paying into the treasury of the 
Commonwealth the usual price per acre of public lands, and 
the usual fees, with interest from the date of the said war¬ 
rant, subject to the restrictions contained in the second sec¬ 
tion of this act: And provided , That nothing in this act 
shall prevent or be a bar to any indictment for any nuisance 
or injury done by any person or persons so exercising said 
rights, to any public or private property or for any impedi¬ 
ment to the full and free navigation of any of the said navi¬ 
gable rivers, t 


*Act of April 11th, 1848, sec. 2, P. L., 533. By the act of March 24th, 
1849, P. L., 225, it is provided that the act “ shall not he so construed as 
to grant any right or privilege whatsoever, to the surface of the bed of 
any river; but any rights acquired under said act shall be confined ex¬ 
clusively to sinking shafts and mining beneath the bed of such rivers, 
after having obtained the right so to do, in the manner provided by 
such act ” 

fAct of April 11th, 1848, sec. 3, P. L., 533. 






STATUTES—WAGES. 


9? 


X. WAGES. 

1. PREFERENCES AND LIENS. 

1. Certain employes given a lien for wages—Claim 
to be filed. —All moneys that may be due, or hereafter be¬ 
come due, for labor and services rendered by any miner, 
mechanic, laborer or clerk, from any person or persons, or 
chartered company, employing clerks, miners, mechanics or 
laborers, either as owners, lessees, contractors or under own¬ 
ers of any works, mines, manufactory or other business 
where clerks, miners or mechanics are employed, whether 
at so much per diem or otherwise, for any period not ex¬ 
ceeding six months immediately preceding the sale and 
transfer of such works, mines, manufactories or business, 
or other property connected therewith in carrying on said 
business, by execution or otherwise, preceding the death or 
insolvency of such employer or employers, shall be a lien 
upon said mine, manufactory, business or other property 
in and about, or used in carrying on the said business, or 
in connection therewith, to the extent of the interest of 
said owners or contractors, as the case may be, in said 
property, and shall be preferred and first paid out of the 
proceeds of the sale of such mine, manufactory, business 
or other property as aforesaid: Provided , That the claim 
of such miner, mechanic, laborer and clerk thus preferred, 
shall not exceed $200: And provided further , That this 
act shall not be so construed as to impair contracts exist¬ 
ing or liens of record vested prior to its passage: And pro¬ 
vided further , That no such claim shall be a lien upon any 
real estate, unless the same be filed in the prothonotary’s 
office of the county in which such real estate is situated, 
within three months after the same becomes due and owing, 
in the same manner as mechanics’ liens are now filed * 

2. Notice of claim. —In all cases of executions, land¬ 
lord’s warrants, attachments and writs of a similar nature 
hereafter to be issued against any person or persons, or 
chartered company, engaged as before mentioned, it shall 


*Act of April 9th, 1872, sec. 1, P. L., 47. See also act of May 8th, 
1874, sec. 2, P. L., 120, and act of June 13th, 1883, P. L., 116. The act of 
June 3d, 1887, P. L., 337, provides for the issuing of a scire facias on claims 
for wages. .. ' 

A laborer who hauls coal to a wharf two miles from a mine has a 
lien for wages. Farmers’ Bank’s App., 1 Walk., 33 (1862). 





98 


COAL MINING LAWS OF PENNSYLVANIA. 


be lawful for such miners, laborers, mechanics or clerks, 
to give notice in writing of their claim or claims, and the 
amount thereof, to the officers executing either of such 
writs, at any time before the actual sale of the property 
levied on; and such officers shall pay to such miners, la¬ 
borers, mechanics and clerks, out of the proceeds of sale, 
the amount each is justly and legally entitled to receive, 
not exceeding $200.* 

3. Preference in cases of death, insolvency or as¬ 
signment. — In all cases of the death, insolvency or assign¬ 
ment of any person or persons or chartered company, 
engaged in operations as hereinbefore mentioned, or of 
executions issued against them, the . lien of preference 
mentioned in the first section of this act, with the like 
limitations and powers, shall extend to every property of 
said persons or chartered company.! 


*Act of April 9th, 1872, sec. 2, P. L., 47. The declaratory act of June 
12th, 1878, P. L., 207, is as follows: “It is the true intent and meaning 
of the provisions of the act of Assembly, entitled ‘ An act for the better 
protection of the wages of mechanics, miners, laborers and others/ 
passed the ninth day of April, Anno Domini 1872, that the several classes 
of laborers in said act mentioned shall have a preference over landlords, 
in all claims for rent of any mines, manufactories or other real estate, 
held under lease, where the lessee or lessees are the persons employing 
the miners, mechanics, laborers or clerks: (c) Provided , That any person 
or persons claiming a preference as above provided, shall give due no¬ 
tice of the nature and amount of his claim to the landlord or his 
bailiff, before the actual sale of the property levied upon.’’ 

The act of May 14th, 1874, sec. 1, P. L., 145, provides that no stay of 
execution shall be allowed on any judgment for $100 and less when the 
same has been recovered for wages of manual labor. 

The act of May 17th, 1883, sec. 1, P. L., 34, provides that no exemp¬ 
tion of property from attachment, levy or sale upon execution, shall be 
allowed upon judgments for fifty dollars or less obtained for wages of 
manual labor. 

fAct of April 9th, 1872, sec. 3, P. L., 47. The act of April 20th, 1876, 
sec. 2, P. L., 43, provides that “ no voluntary assignment for the benefit 
of creditors shall operate so as to hinder, delay or prevent for a longer 
period than thirty days from the time of such assignment, the collec¬ 
tion or enforcement of any of the claims for the wages of labor secured 
and protected by the act for the better protection of the wages of me¬ 
chanics, miners, laborers and others, approved the ninth day of April, 
3872, or its supplements; and said claimants may, after the expiration 
of thirty days from the date of such assignment, enforcing the collection 
of their claims in the same manner and by means of the same reme¬ 
dies that they might have done had no such assignment been made. 

“In all cases of voluntary assignments heretofore made and now re¬ 
maining unsettled, and in which the assignee or assignees has or have 
more than five months within which to settle his or their account or 
accounts, any or all of the claimants protected by the provisions of the 
aforesaid act or its supplements may, immediately after the passage of 






STATUTES—WAGES. 


99 


4. Mortgages, &c., not to impair lien—Proviso.— 

That no mortgage, or other instrument by which a lien is 
hereafter credited, shall operate to impair or postpone the 
lien and preference given and secured to the wages and 
moneys mentioned in the first section of this act: Provided, 
That no lien of mortgage or judgment entered before such 
labor is performed, shall be affected or impaired thereby.* * 

5. Appeals.—That in all cases of appeal from the judg¬ 
ment of justice of the peace for wages or moneys mentioned 
in the first section of this act, the party appellant, his agent 
or attorney, shall make oath or affirmation, that it is not 
for the purpose of delay that such appeal is entered, but be¬ 
cause he firmly believes that injustice has been done; the 
bail required in cases of appeal from the judgment of 
justices of the peace, and from the awards of arbitrators for 
the wages and moneys mentioned in the first section of this 
act, shall be bail absolute in double the amount of said judg¬ 
ment and awards, and the probable amount of costs accrued 
and likely to accrue in such cases, with one or more suffi¬ 
cient securities, conditioned for the payment of the amount 
of the debt, interest and cost that shall be legally recovered 
in such case against the appellant.t 

6. Wages preferred to coal lease mortgages.—The 
proviso to the fourth section of an act, entitled “An act for 
the better protection of the wages of mechanics, miners, 
laborers and others,” approved the ninth day of April, Anno 
Domini 1872, shall not hereafter be so construed as to in 
any manner apply to coal lease mortgage or mortgages, or 
to make the same a lien preferred to the lien of the wages 
of labor mentioned in said act, but that such claim of wages 
shall be a lien preferred thereto.}: 

this act, proceed to collect such claims just as though no such assign¬ 
ment had been made; and in case such assigned property has already 
been sold, and the assignee or assignees refuse to pay such claimants 
the amount legally due them, they shall have the right to compel him 
or them to file his or their account, and may proceed to have said claims 
paid by a distribution through an auditor or auditors according to law: 
Provided, however, That the owner or owners of such assigned property 
or the assignee or assignees or any interested party may pay to such 
claimants the amount of the claims so protected by said act or its sup¬ 
plements, and be subrogated to the rights of the claimants to the ex¬ 
tent of such payments/’ 

*Act of April 9th, 1872, sec. 4, P. L., 47. 

fAct of April 9th, 1872, sec. 5, P. L., 47. The act of April 20th, 1876, 
sec. 1, P. L., 48, provides for an oath on appeal in suits for wages. See 
Hamilton vs. Mulley, 1 Lack. Jur., 156. 

t Act of May 8th, 1874, P. L., 120. 




100 


COAL MINING LAWS OF PENNSYLVANIA. 


7. Lien for labor and services—Provisos.—That all 
moneys that may be due or hereafter become due for labor 
and services rendered by any miner or mechanic, servant 
girl at hotels, boarding houses, restaurants or in private 
families, or any other servant and helper in and about said 
houses of entertainment and private families, porter, hostler 
or any other person employed in and about livery stables 
or hotels, laundryman or washerwoman, seamster or seam¬ 
stress employed by merchant tailors or by any other person, 
milliner, dressmaker, clothier, shirtmaker or clerk employed 
in stores or elsewhere, hand laborer, including farm laborer 
or any other kind of laborer, printer, apprentice, and all 
other tradesmen hired for wages or salary from any person 
or persons, chartered company, joint stock company, lim¬ 
ited partnership or other partnership, either as owner, les¬ 
see, contractor or under-owner whether at so much per diem 
or otherwise, for any period not exceeding six months pre¬ 
ceding the sale or transfer of the real or personal property, 
works, mines, manufactories or business or other property 
connected therewith in carrying on the same of said person 
or persons, chartered company, joint stock company, limited 
partnership or other partnership, by execution or otherwise, 
on account of the death or insolvency of such employer or 
employers, shall be a lien upon said real or personal prop¬ 
erty, mine, manufactory, business or other property in and 
about, or used in carrying on said business or in connection 
therewith, to the extent of the interest of such employer or 
employers in said property, and shall be preferred and first 
paid out of the proceeds of the sale of such real and per¬ 
sonal property, mine, manufactory, business or other prop¬ 
erty as aforesaid: Provided , however , That the claim thus 
preferred shall not exceed $200: And provided further , 
That this act shall not be so construed as to impair con¬ 
tracts existing, or liens of record vested prior to its passage: 
And provided further , That no such claim shall be a lien 
upon any real estate, unless the same be filed in the pro- 
thonotary’s office of the county in which such real estate 
is situated within three months after the same becomes 
due and owing, in the same manner as mechanics’ liens are 
now filed.* 

8. Preferences in cases of assignments in certain 
counties.—In all assignments of property, whether real or 


*Act of May 12th, 1891, P. L., 55. 




STATUTES—WAGES. 


101 


personal, which shall hereafter be made by any person or 
persons, or chartered company, engaged in the mining of 
coal, either as owners of the soil or having a lease of a coal 
mine or mines, or by any person or persons owning or leas¬ 
ing forges, furnaces, rolling mills, nail factories, machine 
shops or foundries, to trustees or assignees, on account of 
inability at the time of the assignment to pay his or their 
debts, the wages of the miners, mechanics and laborers 
employed by such person or persons, or chartered company, 
in and about such business aforesaid, shall be first pre¬ 
ferred and paid by such trustees or assignees before any 
other creditor or creditors of the assignor: Provided , That 
the claims of each miner, mechanic and laborer thus pre¬ 
ferred, shall not exceed fifty dollars.* 

9. Preferences in cases of death in certain coun¬ 
ties.—That in all cases of the death of any person or per¬ 
sons engaged in the operations aforesaid, the wages of each 
miner, mechanic and laborer employed as aforesaid, not ex¬ 
ceeding fifty dollars, shall rank and be paid immediately 
before rents as they are now payable in such cases by exist¬ 
ing laws.t 

10. Preferences in cases of execution in certain 
counties.—In all cases of executions, landlords’ warrants, 
attachments and writs of a similar nature, hereafter to be 
issued against any person or persons, or chartered company, 
engaged in the operations before mentioned, it shall be law¬ 
ful for such miners, laborers and mechanics to give notice 
of their claim or claims, and the amount thereof, to the 
officer executing either of such writs, at any time before the 
actual sale of property levied on, and such officers shall 
pay to such miners, mechanics and laborers out of the pro¬ 
ceeds of sale, the amount each is justly and legally entitled 
to receive, not exceeding fifty dollars, in like manner as 
rents are now payable in such cases: Provided , That the 
provisions of this act shall only extend to Schuylkill, 
Berks, Washington, Centre, Somerset, Westmoreland and 
Carbon Counties.^ 


*Act of April 2d, 1849, sec. 1, P. L., 337. This act only applies to the 
counties of Schuylkill, Berks, Washington, Centre, Somerset, Westmore¬ 
land and Carbon counties. It is probably superseded by the later gen¬ 
eral acts. 

fAct of April 2d, 1849, sec. 2, P. L., 337. 

JAct of April 2d, 1849, sec. 3, P. L., 337. 





102 


COAL MINING LAWS OF PENNSYLVANIA. 


2. TIME AND MANNER OF PAYMENT. 

11. Time and manner of payment—Penalties.— 

That from and after a period of two months subsequent to 
the passage of this act, every individual, firm, association or 
corporation employing wage-workers, skilled or ordinary, 
laborers engaged at manual or clerical work, in the business 
of mining or manufacturing, or any other employes, shall 
make payment in lawful money of the United States to the 
said employes, laborers and wage-workers, or to their author¬ 
ized representatives; the first payment to be made between 
the first and fifteenth, and the second payment between the 
fifteenth and thirtieth of each month, the full net amount 
of wages or earnings due said employes, laborers and wage¬ 
workers upon the first and fifteenth instant of each and every 
month wherein such payments are made. And in case any 
individual, firm, corporation or association or other employer, 
shall refuse to make payment when demanded, upon the 
dates herein set forth, to wage-workers, laborers and other 
employes employed by or with the authority of such indi¬ 
vidual, firm, corporation or association or other employes, 
the said individual, the members of the firm, the directors 
officers and superintendents or managers of said corporation 
and associations, shall be guilty of a misdemeanor, and upon 
conviction shall be sentenced to pay a fine not to exceed $200.* 

12. Assignments of future wages invalid—Agree¬ 
ments to waive act invalid.—No assignment of future 
wages payable semi-monthly, under the provisions of this 
act, shall be valid, nor shall any agreement be valid that 
relieves the said firms, individuals, corporations or associa¬ 
tions from the obligation to pay semi-monthly, and in the 
lawful money of the United States.t 

3. BASIS OF PAYMENT IN ANTHRACITE REGION. 

13. Payment in anthracite region—Weighmas- 
ter—Provisos.—All persons, partnership, associations and 
corporations engaged in the mining of anthracite coal in 
this Commonwealth, shall provide and erect at each of their 
coal mines or collieries, standard and lawful scales for 


*Act of May 20th, 1891, sec. 1, P. L., 96. This act re-enacts and amends 
the act of May 23d, 1887, P. L., 180. 

t Act of May 20th, 1891, sec. 2, P. L., 96. See McManaman vs. Hanover 
Coal Co., 6 Kulp, 181. 




STATUTES—WAGES. 


103 


weighing the coal mined therein; and each and every 
miner’s coal shall be separately and accurately weighed on 
said scale before said coal is dumped and taken from the 
car on which said miner loaded it in the said mine or col¬ 
liery, and a separate and an accurate account shall be kept 
by all such persons, partnerships, associations and corpo¬ 
rations of the number of pounds of coal mined by each 
miner as aforesaid; and the miners in each mine shall 
have the right to employ, at their own expense, and keep 
a weighmaster at each of said scales to inspect said scales 
and also to keep an account of the number of pounds of 
coal mined by each miner; and the miners at each mine 
or colliery shall be paid at the rate of so much per pound 
for amount of coal mined by them, and the pound weight 
shall be the basis from which to calculate the earnings at 
all mines or collieries: Provided, That the provisions of 
this act shall apply only to mines or collieries in which 
the coal mined has heretofore been paid for by the car, 
and that this act shall not go into effect until sixty days 
after its approval by the governor: And provided further , 
That if any of said persons, partnerships, associations or 
corporations shall neglect or refuse to comply with the 
provisions of this act, he or they so neglecting or refus¬ 
ing shall forfeit and pay, for every day said neglect or 
refusal after said sixty days, to the Commonwealth of 
Pennsylvania the sum of $100, the same to be sued for 
and recovered in an action of debt in the court of com¬ 
mon pleas having jurisdiction of the territory in which 
said mines or collieries may be situate, the writs in said 
action to be served on the said persons, partnerships, as¬ 
sociations or corporations or the superintendents, agents 
or clerks of said persons, partnerships, associations or 
corporations resident within the jurisdiction of said court: 
And provided further, That the provisions of this act shall 
not apply to or embrace any persons, partnerships, asso¬ 
ciations or corporations that may or shall by any contract 
agree with his or their miners in any of said mines or 
collieries, otherwise than as is provided in this act, for the 
compensation of mining the same, and no penalty pro¬ 
vided therein shall apply to such persons, partnerships, 
associations or corporations so contracting or agreeing * 

*Act of March 30th, 1875, sec. 1, P. L., 38. The title of the act is: 
“An act fixing the common basis from which to calculate the earnings 
of miners or persons working in coal mines.” 




104 


COAL MINING LAWS OF PENNSYLVANIA. 


4. METHOD OF PAYMENT IN BITUMINOUS REGION. 

14. Payment in bituminous region—Weight of 
bushel—Ton. —After the period of three months from 
the passage of this act, any miner employed by an indi¬ 
vidual, firm or corporation for the purpose of mining coal, 
shall be entitled to receive from his employer, and failing 
to receive then to collect, by due process of law, at such 
rates as may have been agreed upon between the employer 
and the employed, full and exact wages accruing to him for 
the mining of all sizes of merchantable coal so mined by 
him, whether the same shall exist in the form of nut or 
lump coal; and in the adjudication of such wages seventy- 
six pounds shall be deemed one bushel, and two thousand 
pounds net, shall be deemed one ton of coal: Provided , 
That nothing contained in this act shall be construed to 
prevent operators and miners contracting for any method 
of measuring and screening the coal mined by such miners, 
as they may contract for.* 

* Act of June 1st, 1883, sec. 1, P. L., 52. 

On February 22d, 1889, Attorney-General Kirkpatrick, in reply to a 
question from a mine inspector, said :— 

“ In reply to your recent favor, requesting an opinion as to the duty of 
check-weighmen in weighing or measuring coal mined under the act of 
1st June, A. D. 1883,1 beg leave to say that I am not entirely clear as to 
the precise point upon which you desire such opinion. From the tenor 
thereof I assume that you desire to inquire as to whether such check- 
weighman, in weighing or measuring merchantable coal mined, can adopt 
or take more or less pounds for a bushel or ton than is provided for in the 
first section of said act, and whether he may do so where the men em¬ 
ployed in the mine have agreed to a less weight than the actual weight 
of the coal contained in the car. 

“ I am not familiar with the circumstances surrounding any particular 
case, nor the nature of the contracts made between the employers and 
employes of the mines in your region. In order to answer your inquiry 
accurately, or to determine the legal aspects of any case or cases which 
may have come under your notice, it would be necessary that I should be 
fully advised of the facts relating thereto, and the circumstances under 
which any dispute with regard to this matter may have arisen. 

“ As the matter is presented to me, I can only say, in a general way, 
that the said act of 1883 prescribes, in the first section thereof, that in the 
adjudication of wages a certain weight, to wit, seventy-six pounds, shall 
be deemed one bushel, and two thousand pounds net one ton of coal, and 
that a miner employed in mining coal shall be entitled to receive from 
his employer, at such rates as have been agreed upon between them, full 
and exact wages accruing to him for the mining of all sizes of coal so 
mined by him, and it would seem, from the language thereof, where 
wages are to be paid at a certain sum per bushel or per ton, the rate of 
measurement or weight shall be as already stated. 

“ There is a proviso contained in the first section, which is to the ef¬ 
fect ‘ That nothing contained in this act shall be construed to prevent 





STATUTES—WAGES. 


105 


15. Cars to be uniform and branded—Penalties— 
Application of the act. —That at every bituminous coal 
mine in this Commonwealth, where coal is mined by meas¬ 
urement, all cars, filled by miners or their laborers, shall be 
uniform in capacity at each mine; no unbranded car or 
cars shall enter the mine for a longer period than three 
months, without being branded by the mine inspector of 
the district, wherein the mine is situated; and any owner 
or owners, or their agents, violating the provisions of this 
section, shall be subject to a fine of not less than one dollar 
per car for each and every day as long as the car is not in 
conformity with this act, and the mine inspector of the dis¬ 
trict, where the mine is located, on receiving notice from 

operators and miners contracting for any method of measuring or screen¬ 
ing coal mined by such miners as they may contract for.’ How far this 
proviso would operate to permit a special mode of measurement it is, per¬ 
haps, unnecessary to determine in answering your inquiry. That is a 
matter which concerns the contract relations of the miner and employer. 

“ I am of the opinion, that, under section 3 of the said act, so far as the 
check-weighman or check-measurer is concerned, his duty requires him 
to actually measure or weigh the quantity of coal mined, and upon the 
sheet or book, to be kept by him he should enter the actual amount ac¬ 
cording to the standard of weight or measurement prescribed by the act. 
If any check weighman or measurer, whether employed by one party or 
the other, knowingly or willfully, in making such measurement, take more 
or less pounds for a bushel or ton than is provided for in the first section 
of the act already referred to, he is subject to indictment under the pro¬ 
visions of the said act. He has nothing to do with any modification of 
such standard, or any deductions that may have been agreed to be made 
between employer and miner; his duty as prescribed by the act, is to 
make a true report of the actual quantity and weight. 

“ I do not feel called upon to decide how far, under the provisions of 
the act, as between employer and employe, any modifications of such 
measurement as may be agreed upon, would legally avail between such 
contracting parties, in determining the amount of wages to be paid. This 
is a matter which concerns the relations of the parties to the contract of 
employment, as I have already suggested, and any opinion I might ex¬ 
press would be valueless in the absence of a full knowledge of the special 
circumstances of each particular case, and even then could have no official 
character. It might even be a question as to whether I ought to officially 
answer the inquiry you submit, but inasmuch as it has, under the act, 
some connection with your official duty and relations to the check-weigh¬ 
man or check-measurer, I have thought proper to respond to your request 
for an opinion, so far as your inquiry relates to the action of such check- 
weighman. 

“ In view of my uncertainty as to the precise purport of your com¬ 
munication, and my want of information as to the methods of conducting 
the business of mining in your region, and the customs which there pre¬ 
vail, I deem it but fair to“ state that the foregoing is submitted with the 
reservation that if at any time a fuller and more definite presentation of 
the subject should seem to suggest the propriety of a change or modifica¬ 
tion of the opinion now expressed, I would feel no hesitation in adopting 
such change or modification, if satisfied that I ought so to do.” 










106 


COAL MINING LAWS OF PENNSYLVANIA. 


the check-measurer or any five miners working in the 
mine, that a car or cars are not properly branded, or not 
uniform in capacity according to law, are used in the mine 
where he or they are employed, then inside of three days 
from the date of receiving said notice, it shall be his duty to 
enforce the provisions of this section, under penalty of ten 
dollars for each and every day he permits such car or cars 
to enter the mine: Provided , That nothing contained in this 
section shall be construed or applied to those mines who do 
not use more than ten cars.* 

16. Check-weighman. —That at every bituminous coal 
mine in this Commonwealth, where coal is mined by weight 
or measure, the miners or a majority of those present at a 

*Act of June 1st, 1883, sec. 2, P. L., 52. 

On December 11th, 1886, Deputy Attorney-General Snodgrass, in reply 
to a request for the construction of this section, said :— 

“ A bushel of bituminous coal must contain seventy-six pounds, and a 
ton two thousand pounds net, and the only way I can suggest by which 
you can fairly brand a car in bushels is to ascertain by actual test at the 
particular mine in question just how many bushels a car of a given 
capacity will contain and brand it accordingly. I understand by ‘ uni¬ 
form capacity’ that all the cars of each mine must be of the same 
capacity in bushels or tons, not in cubic inches or cubic feet, because there 
is no standard depending upon capacity by measurement. Of course, 
where the weight or specific gravity of the coal varies, as I suppose it 
must do at different mines, there can be no ‘ uniform capacity ’ in cubic 
inches. So that it seems clear that each mine must have a 1 uniform 
capacity ’ of its own, depending upon the weight of its coal as compared 
with other mines, and this is the only basis on which the cars at any mine 
can be properly branded to conform to the standard fixed by the legis¬ 
lature.” 

On December 3d, 1886, Deputy Attorney-General Snodgrass said, in 
reply to a question from a mine inspector 

“By the act of May 18th, 1878 (P. L. 67), the standard weight of bi¬ 
tuminous coal is fixed at seventy-six pounds to the bushel. It is a matter 
of no consequence, therefore, how many cubic inches may be rated as a 
bushel since the standard is not in cubic inches, but in pounds, and a 
bushel must contain seventy-six pounds no matter whether its solid con¬ 
tents will amount to more or less than twenty-six hundred and eighty- 
eight cubic inches. If all bituminous coal were precisely of the same 
weight then, we might say that a bushel must contain a given number of 
cubic inches, but if the weight varies, as I suppose it does, there can be 
no standard by cubic inches, since every bushel must contain seventy-six 
pounds. 

“ I do not think that, under the second section of the act of June 1st, 
1883, any person has a right to brand cars except the mine inspector. It 
is a part of his official duties, for the discharge of which he is responsible 
under a penalty, and it can no more be delegated than other duties which 
he is required to perform. 

“When the mine inspector has been regularly notified under the act, 
it is unquestionably his duty to see that the provisions of the act are car¬ 
ried out, and as these include the branding of cars, he must discharge that 
duty as well as others required of him.” 





STATUTES—WAGES. 


107 


meeting called for that purpose, shall have the right to 
employ a competent person as check-weighman, or check- 
measurer as the case may require, who shall be permitted 
at all times to be present at the weighing or measurement 
of coal, also have power to weigh or measure the same, and 
during the regular working hours to have the privilege to 
balance and examine the scales, or measure the cars: Pro¬ 
vided , That all such balancing and examination of scales 
shall only be done in such way, and in such time, as in no 
way to interfere with the regular working of the mines. 
And he shall not be considered a trespasser during working 
hours while attending to the interests of his employers. 
And in no manner shall he be interfered with or intimi¬ 
dated by any person, agent, owner or miner. And any person 
violating these provisions shall be held and deemed guilty 
of a misdemeanor, and upon conviction thereof, he shall be 
punished by a fine of not less than twenty dollars, and not 
exceeding $100, or imprisonment at the discretion of the 
court. It shall be a further duty of check-weighman or 
check-measurer to credit each miner with all merchantable 
coal mined by him, on a proper sheet or book to be kept by 
him for that purpose. When differences arise between the 
check-weighman or check-measurer and the agent or owners 
of the mine, as to the uniformity, capacity or correctness 
of scales or cars used, the same shall be referred to the 
mine inspector of the district where the mine is located, 
whose duty it shall be to regulate the same at once; and 
in the event of said scales or cars proving to be correct, 
then the parties or party applying for the testing thereof 
to bear all costs and expenses thereof; but if not correct 
then the owner or owners of said mine to pay the costs and 
charges of making said examination: Provided further , 
That should any weighman or weighmen, agent or check- 
measurer, whether employed by operators or miners, know¬ 
ingly or willfully adopt or take more or less pounds for a 
bushel or ton than as provided for in the first section of 
this act, or willfully neglect the balancing or examining of 
the scales or cars, or knowingly and willfully weigh coal with 
an incorrect scale, he shall be guilty of a misdemeanor, and 
upon conviction thereof, shall be imprisoned in the county 
jail for three months.* 


*Act of June 1st, 1883, sec. 3, P. L., 52. 

The check-weighman or owner of the mine may call upon the in¬ 
spector to regulate differences. Opinion of Attorney-General Snodgrass, 
December 5th, 1883. 





108 


COAL MINING LAWS OF PENNSYLVANIA. 


17. Weight of bushel—Ton.—From and after the 
passage of this act, the standard weight of bituminous coal 
in this Commonwealth shall be seventy-six pounds to the 
bushel, and two thousand pounds shall be one ton.* 

18. Penalties.—If any person or persons engaged in 
the business of mining bituminous coal shall fix or estab¬ 
lish, or shall attempt to fix or establish, any other number 
of pounds by agreement or contract to be a bushel of bitu¬ 
minous coal, than as is provided for in the first section of 
this act, such person or persons shall be guilty of a misde¬ 
meanor, and upon conviction thereof shall be sentenced to 
pay a fine not less than $500 and not exceeding $1000, 
and all penalties recovered under this act shall be paid into 
the treasury of the State.t 

5. PAYMENT FOR ALL CLEANED COAL. 

19. Payment for cleaned coal after removal of ref¬ 
use.—From and after the passage of this act all individ¬ 
uals, firms and corporations engaged in mining coal in this 
Commonwealth, who, instead of dumping all the cars that 
come from the mine into a breaker or shute, shall switch 
out one or more of the cars for the purpose of examin¬ 
ing them, and determining the actual amount of slate or 
refuse, by removing said slate or refuse from the car, 
and who shall, after so doing, willfully neglect to allow 
the miner in full for all clean coal left after the refuse, 
dirt or slate is taken out, at the same rate paid at the 
mine for clean coal less the actual expense of removing 
said slate or refuse, he shall be deemed guilty of a mis¬ 
demeanor.:!: 

20. Penalties.—That any individual, firm or corpo¬ 
ration as aforesaid, violating the provisions of this act, 
upon suit being brought and conviction had, shall be 
sentenced by the court to pay a fine of not more than 
$100, and to make restitution by paying to the miner 
the amount to which, under this act, he would be en¬ 
titled for the coal mined by him, and for which he was 
not paid.§ 





STATUTES—WAGES. 


109 


6. PAYMENT BY ORDERS. 

21. Method of payment of wages in certain occu¬ 
pations.—From and after the first day of September, Anno 
Domini 1881, all persons, firms, companies, corporations or 
associations in this Commonwealth, engaged in mining coal, 
ore or other mineral, or mining and manufacturing them, 
or either of them, or manufacturing iron or steel, or both, 
or any other kind of manufacturing, shall pay their em¬ 
ployes as provided in this act.* 

22. Payments once a month—Employe may as¬ 
sign wages.—All persons, firms, companies, corporations 
or associations, engaged in the business aforesaid, shall set¬ 
tle with their employes at least once in each month and pay 
them the amounts due them for their work or services in 
lawful money of the United States or by the cash order as 
described and required in section 3 of this act: Provided , 
That nothing herein contained shall affect the right of an 
employe to assign the whole or any part of his claim against 
his employer.! 

23. Orders.—That from and after the first day of Sep¬ 
tember, Anno Domini 1881, it shall not be lawful for any 
person, firm, company, Corporation or association, their 
clerk, agent, officer or servant in this State, to issue for pay¬ 
ment of labor any order or other paper whatsoever, unless 
the same purports to be redeemable for its face value in 
lawful money of the United States, bearing interest at legal 
rate, made payable to employe or bearer and redeemable, 
within a period of thirty days, by the person, firm, com¬ 
pany, corporation or association giving, making or issuing 


*Act of June 29th, 1881, sec. 1, P. L., 147. 

“The first, second, third and fourth sections of the act of June 29th, 
1881, are utterly unconstitutional and void, inasmuch as by them an at¬ 
tempt has been made by the Legislature to do what, in this country, can¬ 
not be done; that is, prevent persons who are mi juris from making their 
own contracts. The act is an infringement alike of the right of the em¬ 
ployer and the employe; more than this, it is an insulting attempt to put 
the laborer under a legislative tutelage, which is not only degrading to 
his manhood, but subversive of his rights as a citizen of the United 
States. 

“He may sell his labor for what he thinks best, whether money or 
goods, just as his employer may sell his iron or coal, and any and every 
law that proposes to prevent him from so doing is an infringement of his 
constitutional privileges, and consequently vicious and void.” Godcharles 
& Co. vs. Wigeman, 113 Pa., 431 (1886). See Row vs. Haddock, 3 Kulp, 
501. 

fAct of June 29th, 1881, sec. 2, P. L., 147. 





110 


COAL MINING LAWS OF PENNSYLVANIA. 


the same; and any person, firm, company, corporation or 
association engaged in the business aforesaid, their clerks, 
agent, officer or servant, who shall issue for payment of 
labor any paper or order, other than the one herein speci¬ 
fied, in violation of this section, shall be guilty of a misde¬ 
meanor and upon conviction shall be fined in any sum not 
exceeding $100, in the discretion of the court, which shall 
go to the common school fund of the district wherein the 
crime shall have been committed.* 

24. Employers owning stores not to discriminate 
against employes in sales.—That from and after the pas¬ 
sage of this act, it shall be unlawful for any person, firm, 
company, corporation or association engaged in mining or 
manufacturing, either or both, as aforesaid, and who shall 
likewise be either engaged, or interested directly or indi¬ 
rectly, in merchandising as owner or otherwise, in any 
money, per cent., profit or commission arising from the sale 
of any such merchandise, their clerks, servants, officers or 
agents, to knowingly and willfully sell or cause to be sold to 
any employe any goods, merchandise or supplies whatever, 
for a greater per cent, of profit than merchandise and sup¬ 
plies of like character, kind, quality and quantity are sold to 
other customers buying for cash and not employed by them; 
and shall any person or member of any firm, company, 
corporation or association, his or their clerk, agent or ser¬ 
vant, violate this section of this act, then and in that case 
the debt for goods so sold shall not be collectible against the 
employ^ so purchasing.t 

25. Penalty for non-payment of wages or orders 
within twenty days—Laborer not to lose lien.—That 
if any person, firm, company, corporation or association 
shall refuse, for the space of twenty days, to settle and pay 
any of their said employes at the intervals of time as pro¬ 
vided in section 2 of this act, or shall neglect or refuse to re¬ 
deem any of cash orders herein provided for, within the 
time specified, if presented and suit should be brought for 
the amount overdue and unpaid, judgment for the amount 
of said claim proven to be due and unpaid with a penalty 
of one'per centum of such amount added thereto for each 
and every month’s delay shall be rendered in favor of the 
plaintiff in such action: Provided further , That the cash 


*Act of June 29th, 1881, sec. 3, P. L., 147. 
fAct of June 29th, 1881, sec. 4, P. L., 147. 






STATUTES—WA GES. 


Ill 


order, herein provided for, given for the payment of labor, 
if the laborer continues to hold the same, in case of the in¬ 
solvency of the company or person or firm or corporation 
giving the same, such- laborer shall not lose his lien and 
preference under existing law.* 

7. STORES. 

26. Mining and manufacturing companies for¬ 
bidden to carry on stores.—On and after the passage of 
this act it shall not be lawful for any mining or manufac¬ 
turing corporation of this Commonwealth, or the officers or 
stockholders of any such corporation, acting in behalf or in 
the interest of any such corporation, to engage in or carry 
on, by direct or indirect means, any store known as a com¬ 
pany store, general supply store or store where goods and 
merchandise other than such as have been mined or manu¬ 
factured by the mining or manufacturing corporation of 
which said officers or stockholders are members, are kept or 
offered for sale.t 

27. Stores not to be indirectly controlled by 
companies.—That no mining or manufacturing corpora¬ 
tion engaged in business under the laws of this Common¬ 
wealth, shall lease, grant, bargain or sell to any officer or 
stockholder of any such corporation, nor to any other per¬ 
son or persons whatsoever, the right to keep or maintain 
upon the property of any such corporation, any company, 
general supply or other store in which goods other than 
those mined or manufactured by the corporation granting 
such right, shall be kept or exposed for sale, whenever such 
lease, grant, bargain or sale as aforesaid, is intended to de¬ 
feat the provisions of the first section of this act. Nor shall 
any such mining or manufacturing corporation, through its 
officers, stockholders or by any rule or regulation of its busi¬ 
ness, make any contract with the keepers or owners of any 
store, whereby the employes of such corporation shall be 
obliged to trade with such keeper or owner, and that any 
such contract made in violation of this act, shall be prima 
facie evidence of the fact that such store is under the con¬ 
trol of such mining or manufacturing corporation and in 
violation of this act.t 

*Act of June 29th, 1881, sec. 5, P. L., 147. 

fAct of June 9th, 1891, sec. 1, P. L., 256. 

jAct of June 9th, 1891, sec. 2, P. L., 256. 





112 


COAL MINING LAWS OF PENNSYLVANIA. 


28. Penalties.— That for any violation of any of the 
provisions of this act by any mining or manufacturing cor¬ 
poration aforesaid, such mining or manufacturing corpora¬ 
tion so offending, shall forfeit all charter rights granted to 
it under the laws of this Commonwealth, and it is hereby 
declared and made the duty of the attorney-general of this 
Commonwealth, upon complaint of such violation of any 
of the provisions of this act by a petition signed and sworn 
to by two or more citizens, residents of the county where 
the offense is sworn to have been committed, to immediately 
commence proceedings against the corporation or corpora¬ 
tions complained against by a writ of quo warranto .* 


XI. VOLUNTARY TRIBUNALS OF CONCILI¬ 
ATION. 

1. Establishment of voluntary tribunals.— The pre¬ 
siding judges of the courts of common pleas, or the presi¬ 
dent judges thereof, in chambers, in the counties of Phila¬ 
delphia and Allegheny, and of each of the other judicial 
districts of this Commonwealth, shall have power and upon 
the presentation of the. petition, or of the agreement herein¬ 
after named, it shall be the duty of each of them to issue, 
in the form hereinafter named a license or authority for the 
establishment, within their respective districts, of tribunals 
for the consideration and settlement of disputes between 
employers and employed in the iron, steel, glass, textile 
fabrics and coal trades and each of them.t 


*Act of June 9th, 1891, sec. 3, P. L., 256. 

|Act of April 26th, 1883, sec. 1, P. L., 15. The title and preambles of 
the act are as follows: “ An act to authorize the creation, and to provide 
for the regulation of voluntary tribunals, to adjust disputes between em¬ 
ployers and employed, in the iron, steel, glass, textile fabrics and coal 
trades. 

Whereas, Differences arise between persons engaged in the iron, steel, 
glass, textile fabrics and coal trades in this State, and strikes and lockouts 
result therefrom, which paralyze these important industries, bring great 
loss upon both employer and employed, and seem to find their only solu¬ 
tion in starvation or in force, which does not accord with the teachings 
of humanity and the true policy of our laws. 

And Whereas, Voluntary tribunals, mutually chosen, with equality of 
representation and of rights, and a frank discussion therein by the per¬ 
sons interested, of the business questions involved, are the plain paths to 
mutual concession and cessation of strife, and the choice of an umpire 
by the parties themselves, to whose arbitrament the matters in dispute 





STATUTES—VOLUNTARY TRIBUNALS. 


113 


2 . Petition for establishment of tribunal—Who 
shall sign petition.—The said petition or agreement shall 
he substantially in the form hereinafter given, and the peti¬ 
tion shall be signed by at least fifty persons employed as 
workmen, by five or more separate firms, individuals or 
corporations within the county where the petitioners reside, 
or by at least five employers, each of whom shall employ at 
least ten workmen, or by the representatives of a firm, 
individual or corporation employing not less than seventy- 
five men in their business; and the agreement shall be 
signed by both of said specified numbers and persons: 
Provided , That if, at the time the petition is presented, a 
dispute exists between the employers and the workmen and 
that as a consequence there is a suspension of work, or 
owing to the nature of the dispute a suspension is probable, 
the judge before whom said petition is presented, shall require 
testimony to be taken as to the representative character of 
said petitioners, and if it appears that the said petitioners, 
do not represent the will of the majority, or at least one- 
half of each party to the dispute, the license for the estab¬ 
lishment of the said tribunal may be denied.* * 

3. Qualifications of signers.—The persons signing said 
petition as workmen, shall each have been a resident of the 
judicial district in which the petition shall be presented, for 
at least one year; shall have been engaged in some branch 
of the trade they profess to represent, for at least two years, 
and be a citizen of the United States. The persons signing 
the same as employers, shall be citizens of the United States, 
and shall be, and shall have been actually engaged in some 
branch of the iron, steel, glass, textile fabrics or coal trade, 
within the judicial district for at least one year, and shall 
each employ therein at least ten workmen, of the class here¬ 
inbefore described, and may be a firm, individual or corpo¬ 
ration, and the said petition shall be verified by the oaths of 
at least two of the signers, attesting the truth of the facts 
stated therein, and the qualifications of the signers thereto.? 

4. License.—If the said petition shall be signed by the 
requisite number of both employers and workmen, and be 
in proper form and contain the names of the persons to 

are to be submitted for final decision, if they shall fail to a<rree, is in 
accord with the practice and policy of this Commonwealth; therefore, be 
it enacted/’ &c. 

*Act of April 26th, 1883, sec. 2, P. L., 15. 

fAct of April 26th, 1883, sec. 3, P. L., 15. 




114 


COAL MINING LAWS OF PENNSYLVANIA. 


compose the tribunal, being an equal number of each side, 
and of the umpire mutually chosen, the judge shall forth¬ 
with issue a license, substantially in the form hereinafter 
given, authorizing the existence of such tribunal and fixing 
the time and place of the first meeting thereof, which shall 
be made a record in the court of common pleas, over which 
said judge presides.* 

5. When license granted or refused.—If the peti¬ 
tion shall be signed by the requisite number of either 
workmen or employers, and not by both, and be in proper 
form, the judge shall issue his license for the creation of 
such tribunal, conditioned upon the assent and agreement 
of the necessary number of that side to the issue, which 
shall not have signed the petition; which assent shall be 
in writing, signed by the requisite number, and contain 
the names of the members of the tribunal, and the um¬ 
pire, and upon the presentation of such petition and assent, 
the judge shall issue his license for a tribunal, as provided 
in section 4 of this act; but if no such assent shall be 
obtained, within sixty days from the date of the conditional 
license, the petition shall be taken as dismissed, but if the 
assent be signed, a record shall be made of the license, 
as if made upon original agreement.! 

6. Jurisdiction of tribunals—Vacancies.—One of the 
said tribunals may be created for each of the trades named 
in the first section of this act, in each judicial district; 
they shall continue in existence for one year from the 
date of the license creating them, and may take jurisdic¬ 
tion of any dispute between employers and workmen, who 
shall have petitioned for the tribunal, or have been repre¬ 
sented in the petition therefor, or who may submit their 
disputes in writing to such tribunal for decision. Vacan¬ 
cies occurring in the membership of the tribunal, shall 
be filled by the judge, out of the three names presented 
to him by the members of the tribunal remaining of that 
class in which the vacancies occur. Removal to an ad¬ 
joining district shall not cause a vacancy, in either the 
tribunal or the post of umpire. Disputes, occurring in 
one county, may be referred to a tribunal already exist¬ 
ing in an adjoining county. The place of umpire, in any 
of said tribunals and vacancies occurring in such place, 


*Act of April 26th, 1883, sec. 4, P. L., 15. 
fAct of April 26th, 1883, sec. 5, P. L., 15. 






STATUTES—VOLUNTARY TRIBUNALS. 


115 


shall only be filled by the mutual choice of the whole of 
the representatives, of both employers and workmen con¬ 
stituting the tribunal. The umpire shall only be called 
upon to act, after disagreement is manifested in the tri¬ 
bunal by failure during three meetings held, and full dis¬ 
cussion had. His award shall be final and conclusive upon 
such matters only, as are submitted to him in writing and 
signed by the whole of the members of the tribunal, or 
by parties submitting the same, and upon questions affect¬ 
ing the price of labor; it shall in no case be binding upon 
either employer or workmen, save as they may acquiesce 
or agree therein after such award.* 

7. Composition and organization of tribunal.— 
The said tribunal shall consist of not less than two em¬ 
ployers or their representatives, and two workmen. The 
exact number, which shall in each case constitute the tri¬ 
bunal, shall be inserted in the petition or agreement, and 
they shall be named in the license issued. The said tri¬ 
bunal when convened, shall be organized by the selection 
of one of their number as chairman and one as secretary, 
who shall be chosen by a majority of the members, or if 
such majority cannot be had after two votes, then by secret 
ballot, or by lot as they prefer.t 

8. Expenses.—The members of the tribunal shall re¬ 
ceive no compensation for their services from the city or 
county, but the expenses of the tribunal, other than fuel, 
light and the use of room and furniture, may be paid by 
voluntary subscription, which the tribunal is authorized 
to receive and expend for such purposes. Each city or 
county, in which such tribunal shall be created shall pay 
for the fuel, lights and the use or rent of a room and furni¬ 
ture, for the same which it is hereby authorized to obtain, 
but the cost of the same shall only be paid upon sworn 
vouchers, submitted to, and approved by, the proper judge 
of the judicial districts 

9. Practice.—When no umpire is acting the chairman 
shall have power to administer oaths, sign subpoenas, or¬ 
ders, notices and other proceedings of the board ; and when 
the umpire shall be acting, this authority shall be vested in 
him, and all of the authority vested in boards of arbi¬ 
trators, by the compulsory arbitration act of June 16th, 






116 


COAL MINING LAWS OF PENNSYLVANIA. 


1836, for procuring witnesses, preserving order and obtain¬ 
ing proofs, shall be and is hereby vested in such umpire 
when acting. Attorneys-at-law, or other agents of one side 
or the other, shall not be permitted to appear, or take part 
in any of the proceedings of the tribunal or before the um¬ 
pire; but the same shall be as far as possible voluntary, 
and upon examination of proofs and witnesses, by -the tri¬ 
bunal itself and the umpire. When the umpire is acting, 
he shall preside; and his determination upon all questions 
of evidence, or otherwise conducting the inquiries then 
pending, shall be final. Committees of the tribunal con¬ 
sisting of an equal number of each class, may be consti¬ 
tuted to examine into any question in dispute, between em¬ 
ployers and workmen, submitted to the tribunal, and such 
committee may hear and settle the same finally, when it 
can be done by an unanimous vote ; otherwise the same 
shall be reported to the full tribunal, and be there heard, as 
if the question had been originally examined by it. The 
said tribunals in connection with the umpire, shall each 
have power to make, ordain and enforce rules, for the gov¬ 
ernment of the body when in session, to enable the busi¬ 
ness to be proceeded with in order, and to fix its sessions 
and adjournments; but such rules shall not conflict with 
this statute, nor with any of the provisions of the Constitu¬ 
tion and laws of Pennsylvania.* 

10. Umpire—Award.—Before the umpire shall pro¬ 
ceed to act, the question or questions in dispute shall be 
plainly defined in writing, and signed by the members of 
the tribunal, or a majority thereof of each class, or by the 
parties submitting the same; and such writing shall con¬ 
tain the submission of the decision thereof to the umpire 
by name, and shall provide that his decision thereon, after 
hearing shall be final. The umpire shall be sworn to im¬ 
partially decide the question submitted. The submission 
and his award may be made in the form hereinafter given, 
and said umpire must make his award within ten days, 
from the time the question or questions in dispute are sub¬ 
mitted to him. When such award shall be made and 
signed by the umpire, it may be made a matter of rec¬ 
ord, by producing the same within thirty days, with the 
submission in writing, to the proper judge. If he approves 
the same, he shall indorse his approval thereon, and direct 


*Act of April 26th, 1883, sec. 9, P. L., 15. 







STATUTES—VOLUNTARY TRIBUNALS. 


117 


the same to be entered of record. When so entered of rec¬ 
ord, it shall be tinal and conclusive, and the proper court 
may on motion of any one interested, enter judgment there¬ 
on, and when the award is for a specific sum of money, 
may issue final and other process, to enforce the same * 

11. Name of act.—This act shall be cited and quoted 
as the “voluntary trade tribunal act, of 1883.”t 

12. Form of petition.—The form of the joint petition 
or agreement, praying for a tribunal as named in section 4 
of this act, may be as follows:— 

To the presiding judge judicial district, or 

to the presiding judge of the court of common pleas, the 
county of (as the case may be) :— 

The subscribers hereto, citizens of the said judicial 
district, and of the United States, being the number thereof 
and with the qualifications required by the act known as, 
“ the voluntary trade tribunal act, of 1883,” being desirous 
of establishing a tribunal under said act for the settlement 
of disputes in the trade, and having agreed upon 

A. B., &c., representing the employers, and C.D., &c., repre¬ 
senting the workmen, as members of the said tribunal, who 
each possess the qualifications required by said act, and 
having also agreed upon E. F. , of , as the 

umpire of the said tribunal, pray that a license for a tribunal 
in the trade may be issued to them. 

As they will ever pray, &c. 


Employes. 

Names. 

Residence. 

Works. 

No. Employes. 







Employes. 


Names. 


Residence. 


By Whom Employed. 




























118 


COAL MINING LAWS OF PENNSYLVANIA. 


The oath to be annexed to such joint petition shall be 
substantially as follows:— 

Pennsylvania, \ 

County. J 8 ’ 

A. B. and C. D., two of the signers to the foregoing joint 
petition, being duly sworn, say that the facts set forth in the 
same are true; that the five employers signing such petition, 
have been actually engaged in the trade within 

this judicial district, for at least one year, and each do now 
employ at least ten workmen in their said business, and the 
fifty workmen signing said petition have each been resident 
therein for one year, have been engaged in the 
trade as workmen for at least two years, and (have been or 
are) actually employed, at the places named in the signatures 
to said petition in such trade. ^ ^ 

a d . 

And the same shall be sworn and subscribed, before a 
justice of the peace or alderman, of the proper district.* 

13. Form of license.—The license to be issued upon 
such joint petition may be as follows:— 

Pennsylvania, 

County, 

Judicial District. 

Whereas the joint petition and agreement of five em¬ 
ployers and fifty workmen has been to me presented, and 
now placed on record, praying the creation of a tribunal for 
the settlement of disputes in the trade within this 

district, and naming A. B., C. D., E. F., and G. H. as mem¬ 
bers of the said tribunal, and I. J. as the umpire thereof, 
Now in pursuance of the authority given by the voluntary 
trade tribunal act of 1883, I have licensed and authorized, 
and do hereby license and authorize the said named parties, 
to be and exist as a tribunal under the statute, for the set¬ 
tlement of disputes between employers and workmen in 
trade, for the term of one year, with all the powers 
conferred by the voluntary trade tribunal act of 1883, and 
it shall meet and organize on the day of 

A. D. 188 , at 

A record hath been made of this license. 

Witness my hand and the seal of the court, at 
this day of A. D. 18 . 

Presiding Judged 



*Act of April 26th, 1883, sec. 12, P. L., 15. 






STATUTES—M011TGAGES. 


119 


14. Forms of submission and award.—The forms of 
the submission, and of the awards may be as follows :— 


(Form of Submission.) 


We, A. B. of one part and C. D. of the other part, under 
the provisions of voluntary trade tribunal act of one thou¬ 
sand eight hundred and eighty-three, have submitted and 
referred, and do hereby submit and refer unto the umpirage 
and decision of E. F., the umpire of the trade tribunal of 
the trade for the judicial district, the following 

subject-matter, that is to say, 

(Here state fully and distinctly the question submitted) 
and his decision and determination upon the same, shall be 
binding upon us, and final and conclusive upon the question 
thus submitted, and we pledge ourselves to abide by, and 
carry out the decision of the umpire when made. 

Witness our hands and seals this day of 

Anno Domini 1880. 


(Signatures.) 


(Form of Award.) 


I, E. F. the umpire of the trade tribunal, of 

the judicial district, in pursuance of the foregoing instruc¬ 
tions having been sworn and having heard the parties and 
their proofs bearing upon the question submitted for my 
decision and umpirage, have decided and do hereby decide 
as follows:— 

(Here insert distinctly the decision) and do hereby certify 
to the president judge of the judicial district, that this is my 
award and determination of the subject-matter to me referred. 

Witness my hand and seal at this 

day of A. D. 188 .* 


[l. s.] 


Umpire. 


XII. MORTGAGES. 


1. Mortgages on rentals or royalties authorized.— 

Whenever any person or persons shall have conveyed or 
leased to any other person, partnership or corporation, the 
coal or other minerals in, under or upon any land, together 


*Act of April 26th, 1883, sec. 14, P. L., 15. 







120 


COAL MINING LAWS OF PENNSYLVANIA. 


with the right to mine and carry away the same, during a 
term of years or perpetually, as long as said coal or other 
minerals shall last, reserving to himself, herself or them¬ 
selves, in the said conveyance or lease, as the consideration 
thereof, the right to receive the purchase-money, rental or 
royalty therefor, in stipulated payments from time to time, 
as the same may become due and payable under the terms 
and conditions of such conveyance or lease, it shall and may 
be lawful for such grantor or grantors, lessor or lessors, to 
mortgage his, her or their interest in such payments, rentals 
or royalties by an instrument in writing, signed by such 
grantor or grantors, lessor and lessors and duly acknowledged 
before some person authorized to take acknowledgments of 
deeds.* 

2 . Recording.—Such mortgage shall be recorded in the 
county wherein the land described in the conveyance or 
lease is situated, and shall be recorded and indexed in the 
books provided for, and in the same manner as other mort¬ 
gages, and the several recorders shall be entitled to charge 
and receive like compensation as for recording other mort¬ 
gages.! 

3. Lien.—Such mortgage shall be a lien from the time 
when it is recorded, as provided in section 2 of this act, 
on the payments, rentals or royalties mentioned in the 
same.! 

4. Default—Assumpsit—Attachment.—In case of 
default in the payment of any installment of principal or in¬ 
terest by the mortgagor, as the same may fall due, the mort¬ 
gagee may have an action of assumpsit to recover the full 
amount secured by the mortgage, and if judgment shall be 
recovered an execution in the nature of an attachment may 
issue against the defendant in the said action, in which the 
grantee or grantees in the conveyance or lease may be made 
garnishees, which shall bind the said payment, rentals or 
royalties, until sufficient shall have accrued to pay the 
full amount of the said judgment with interest and cost. 


*Act of May 13th, 1889, sec. 1, P. L., 197. The title of the act of 1889, 
is “ An act to authorize mortgages in this Commonwealth upon the pur¬ 
chase-money, rentals or royalty, reserved by the grantors or lessors in 
conveyances or leases of coal or other minerals in, under or upon any 
land, together with the right to mine and carry away the same, during 
the term of years or perpetually, as long as the coal and other minerals 
may last.” 

fAct of May 13th, 1889, sec. 2, P. L., 197. 

JAct of May 13th, 1889, sec. 3, P. L., 197. 




STATUTES—MORTGAGES. 


121 


And after service of the attachment, payment shall be made 
to the attaching creditor by the garnishees of such purchase- 
money, rental or royalty, as the same falls due, until the 
said judgment with interest and cost is fully paid. 

And in case of neglect or refusal on the part of the gar¬ 
nishee to pay in the manner hereinbefore provided, the 
plaintiff in the judgment may have the same remedies to 
enforce payment as the defendant in the judgment has 
under the terms and conditions of the original conveyance 
or lease.* 

5. Mortgage of coal leases in Schuylkill County.— 

Every tenant of the right to mine coal, or lessee of coal 
lands or coal mining rights in or on the lands of others, in 
Schuylkill County, may mortgage their interest in such 
rights or property demised, together with all machinery 
and fixtures appurtenant or belonging thereto, or used in 
the enjoyment of the same, so as to be good pnd available 
in law against all subsequent purchasers or execution cred¬ 
itors upon the recording of such mortgages, as hereinafter 
directed: Provided , That this act shall not interfere with 
the rights of the owners of the fee simple to recover the 
amount of rent due them.t 

6. Recording.—That the instruments mentioned in the 
preceding section shall be recorded in the county of Schuyl¬ 
kill, within five days after the execution of the same, and 
in the office of the recorder of deeds of such county, and 
such recorder is hereby required to record the same at 
length, in a book to be by him kept in his said office, to be 
provided at the expense of said county, and to be called 
coal lease mortgage-book, and shall duly certify the record 
of all such instruments, under his hand and official seal 
thereon.f 

7. When mortgage not valid against creditors— 
Statement.—That every mortgage filed and recorded in 
pursuance of this act, shall cease to be valid as against the 
creditors of the person making the same, or against subse¬ 
quent purchasers or mortgagees in good faith, after the 

*Act of May 13th, 1889, sec. 4, P. L., 197. 

fAct of April 5th, 1853, sec. 1. P. L., 295. In Farmer’s Bank’s App., 1 
Walk., 33 (1862), it was held that where a landlord has a lien for coal 
rent both upon some personal property and upon the leasehold estate, he 
will be thrown upon the latter, so as to give laborers an opportunity for 
payment of their wages, out of the former, even as against a coal iease 
mortgage. 

JAct of April 5th, 1853, sec. 2, P. L., 295. 





122 


COAL MINING LAWS OF PENNSYLVANIA. 


expiration of one year from the recording thereof, unless 
within the said term of one year a true copy of such mort¬ 
gage, together with a statement exhibiting the interest of 
the mortgagee in the property thereby claimed by him by 
virtue thereof, shall be filed in the office of the recorder 
aforesaid, and it shall be the duty of the recorder receiving 
such copy and statement to file and indorse thereon the 
time of receiving the same, and also to note the filing and 
the date of the filing thereof, and likewise the interest afore¬ 
said claimed in such statement, upon the record of the said 
mortgage.* 

8. Copy as evidence—Limitations. —That a copy of 
the record of any such original instrument, or of any copy 
thereof, so filed as aforesaid, including any statement made 
in pursuance of this act, certified by the recorder, shall be 
received in evidence, but only of the fact that such instru¬ 
ment or copy and statement was received and filed accord¬ 
ing to the indorsement of the recorder thereon, and of no 
other fact, and in all cases the original indorsement by the 
recorder, made in pursuance of this act upon such instru¬ 
ment or copy, shall be received in evidence only of the facts 
stated in such indorsements 

9. Record as evidence—Limitations. —That the rec¬ 
ord of any such original instrument, including any note or 
notes made by the recorder upon the record, in pursuance 
of this act, or a copy thereof, certified by the recorder, shall 
be received in evidence, but only when the original instru¬ 
ment and the copy or copies thereof filed shall all be lost, 
and then only of the fact that such instrument or copy and 
statement, or copies and statements, if there be more than 
one, was or were recorded and filed according to the in¬ 
dorsement of the recorder thereon, and of no other fact, 
and in all cases the acknowledgment by the person making 
the original instrument of the execution thereof, or the cer¬ 
tificate of such acknowledgment, shall be received in evi¬ 
dence only of the fact that such person duly executed said 
instrument, and of no other fact4 

10. Acknowledgment, &c. —That the recorder of deeds 
of the said county shall not receive any such original instru¬ 
ment to record unless the same shall have been first duly 
acknowledged by the mortgagor, so as to entitle the same to 







STATUTES—MORTGAGES. 


123 


be recorded, nor a copy thereof, with statement annexed as 
aforesaid, to file, unless such statement shall have been first 
duly verified by the oath or affirmation of the mortgagee, 
and such recorder shall number on the back every such in¬ 
strument or copy which shall be filled in his office, in the 
order in which the same shall be received by him during 
each year, and he shall, at the expense of the county, pro¬ 
cure suitable books, and enter therein alphabetically the 
names of all the parties to such instrument, with the num¬ 
ber indorsed thereon opposite to each name, which entry 
shall be repeated alphabetically under the name of every 
party thereto.* 

11. Fees. —That for services under this act the said 
recorder shall be entitled to receive the following fees: For 
filing each copy six cents; for entering the same in a book, 
as aforesaid, six cents for every party to such instrument; 
for recording the same, including the certificate thereof, one 
cent for every ten words; for making note of copy and state¬ 
ment on the record six cents; for entering satisfaction on 
the record six cents; for searching for each paper six cents; 
and for certified copies of the record, and of such instru¬ 
ments or copies thereof and statements, including certificate 
and seal, one cent for every ten words, t 

12. Repeal of portions of prior act. —So much of the 
provisions of the act, entitled “ An act to authorize mort¬ 
gages of coal leases in Schuylkill County,” approved the fifth 
day of April, Anno Domini 1853, as requires the original 
mortgage to be filed in the recorder’s office, and that a copy 
of the mortgage, together with a statement exhibiting the 
interest of the mortgagee in the property mortgaged, to be 
filed in the office aforesaid within the term of one year, be 
and the same is hereby repealed.^ 

13. Lien as affected by judicial sale. —That the lien 
of all mortgages recorded in pursuance of the provisions of 
said act shall remain unaffected, notwithstanding a judicial 
sale hereafter of the property mortgaged under any execu¬ 
tion, the lien whereof attaches only by virtue of said execu¬ 
tion^ 

14. Mortgage of leasehold. —That it is hereby de¬ 
clared to be lawful for every lessee, for term of years, of any 


*Act of April 5th, 1853, sec. 6, P. L., 295. 
tAct of April 5th, 1853, sec. 7, P. L., 295. 
fAct of March 22d, 1861, sec. 1, P. L., 185. 
gAct of March 22d, 1861, sec. 2, P. L., 185. 




124 


COAL MINING LAWS OF PENNSYLVANIA. 


colliery, mining land, manufactory or other premises, to 
mortgage his or her lease or term in the demised premises, 
with all buildings, fixtures and machinery thereon, to the 
lessee belonging and thereunto appurtenant with the same 
effect as to the lessee’s interest and title, as in the case of 
the mortgaging of a freehold interest and title as to lien, 
notice, evidence and priority of payment: Provided , That 
the mortgage be in like manner acknowledged and placed 
of record in the proper county, together with the lease, and 
that such mortgage shall in nowise interfere with the land¬ 
lord’s rights, priority or remedy for rent; and such mort¬ 
gages may be sued out as in other cases : Provided , That this 
section shall in nowise impair the act of 5th of April, 1853, 
entitled “An act to authorize mortgages of coal leases in 
Schuylkill County.* 

15. Mining companies’mortgages.—It shall be law¬ 
ful for mining and manufacturing companies organized un¬ 
der any special or general law of this Commonwealth, or for 
any other organized company or individual, to execute and 
deliver, and for all banks organized under any law of this 
Commonwealth, or any other organized company, individ¬ 
ual or individuals, to take and hold mortgages on real es¬ 
tate to secure payment of such notes, bills and other nego¬ 
tiable or other paper and renewals thereof, belonging to or 


*Act of April 27th, 1855, sec. 8, P. L., 368. The lease must be recorded 
with the mortgage. Sturtevant’s App., 34 Pa., 149 (1859), Read, J., deliver¬ 
ing the opinion, said: “ The language of this section of this amendatory 
act leaves no doubt as to the meaning of the legislature, which was to lay 
down one uniform rule in relation to all mortgages coming within its 
provisions. All such mortgages must be recorded together with the lease, 
that is, the two deeds showing the actual extent and nature of the mort¬ 
gagee’s interest, must be placed of record in the proper county. The lease 
shows the terms upon which the mortgagor holds the colliery, mining 
land, or manufactory; and the mortgage, the amount and character of 
the encumbrance he has placed upon it. This is necessary and proper 
information for all those who have dealings with either party. Public 
policy requires a strict adherence to the principle of the recording acts, 
that all the steps of a title should be registered, and open to the exam¬ 
ination of the whole community. Publicity prevents fraud. Such mort¬ 
gages and leases are therefore to be recorded together. This disposes of 
the present case, for the lease was not recorded with the mortgage, nor 
until after the rights of the execution-creditor had attached.” 

Under act of April 27th, 1855, sec. 8 (mortgage of leaseholds), re¬ 
cording such mortgage with a copy of lease and referring to the lease 
recorded with a former mortgage, is a substantial compliance with the act. 
Ladley vs. Creighton, 70 Pa., 490 (1872). A leasehold mortgage, when not 
recorded within the time prescribed by the act, is a valid security be¬ 
tween the parties. Hosier. Gray, 71 Pa., 198 (1872); Building Associa¬ 
tion i's. Bolster, 92 Pa., 123 (1879). 




STATUTES—EQUITY JURISDICTION. 


125 


made by said companies, as the said banks, company, indi¬ 
vidual or individuals shall agree to, and execute, from time 
to time, for discount or otherwise: Provided , That such 
mortgage shall operate as a lien from the date of the record 
of such instrument.* 

16. Equity jurisdiction as to mining companies’ 
mortgages. —Each of the several courts of common pleas of 
this Commonwealth shall have and exercise all the powers 
of a court of chancery, in all cases of or for enforcing rights 
under mortgages of the property or franchises of any coal, 
iron, steel, lumber or oil, or any mining, manufacturing or 
transportation corporation, where such property or fran¬ 
chises, or any part thereof, shall be situate or exercisable 
within the limits of this Commonwealth, and belong to or 
be exercisable by any domestic corporation or any foreign 
corporation under permission granted by the laws of this 
Commonwealth .t 

17. Jurisdiction not affected by situation of prop¬ 
erty. —That when the corporation shall have either volun¬ 
tarily appeared to any suit brought under or covered by 
this act, or shall have been duly served with process, the 
court in which such suit is or shall be pending shall have 
jurisdiction of the subject-matter, irrespective of the local 
situation in this State of the mortgaged premises; and its 
process to enforce any interlocutory or final order or decree 
made by such courts, in relation to the preservation, cus¬ 
tody, sale or other disposition of the mortgaged premises, 
may be executed within any county of the State: Provided , 
That where such mortgage shall have been given by a cor¬ 
poration having a corporate existence in this State only, the 
proceedings upon the said mortgage shall be had in the 
county within which the principal office of the said com¬ 
pany shall be situate. + 


XIII. EQUITY JURISDICTION. 

1. Accounting between tenants in common of min¬ 
eral lands. —In all cases in which any coal or iron ore 
mines or minerals have been or shall be held by two or 
more persons, as tenants in common, and coal, iron ore or 

*Act of February 17th, 1873, P. L., 35. 

fAct of March 23d, ]877, sec. 1, P. L., 32. 

JAct of March 23d, 1877, sec. 2, P. L., 32. 








126 


COAL MINING LAWS OF PENNSYLVANIA. 


other mineral has been or shall be taken from the same, by 
any one or more of said tenants respectively, it shall be law¬ 
ful for any one of said tenants in common, to apply by bill 
or petition in equity to the court of common pleas of the 
county in which the lands lie, praying that an account may 
be decreed and taken of all coal, iron ore or other mineral 
taken by said tenants respectively; and the said court shall 
thereupon proceed upon such bill or petition, agreeably to 
the course of a court of' chancery, and shall have full power 
and authority to make all orders, appointments and decrees, 
interlocutory and final, that may appertain to justice and 
equity in the premises, and may cause to be ascertained the 
quantity and value of the coal, iron ore or other mineral so 
taken respectively by the respective parties, and the sum 
that may be justly and equitably due by and from and to 
them respectively therefor, according to the respective pro¬ 
portions and interests to which they may be respectively 
entitled in the lands: Provided , That all the tenants in com¬ 
mon shall be made parties to such bill or petition, and that 
if any of them reside out of the county in which such lands 
lie, or out of this Commonwealth, the court may make such 
order for serving process or notice upon them by publication 
or otherwise, as the said court shall deem fit and proper; 
and may take the bill or petition 'pro confesso , and proceed 
to final decree, or proceed by attachment and sequestration 
against such of them as shall fail to appear thereupon, or 
shall neglect or refuse to stand to obey and abide by the 
orders and decrees of said court.* 


*Act of April 25th, 1850, P. L., 573. In Coleman’s App., 62 Pa., 252 
(1869), Sharswood, J., in commenting upon this act said: “ It must be 
conceded, I think, that this act is drawn with great ability and precision. 
It cannot be doubted that its purpose was to give a remedy more liberal 
and extensive than those offered either by the common law or the statute 
of Anne. The word take is carefully used instead of receive , upon which 
the restricted construction of that statute is based. Even the question 
discussed in the opinion below as to what constitutes a mine in this 
country is put to rest; for it employs the terms, ‘ mines or minerals held 
in common,’ so that the ore lying exposed on the surface of the ground is 
clearly included. It provides that the account shall be taken between all 
the tenants in one proceeding, and the sum that may be justly and equit¬ 
ably due ‘ by, from and to them respectively ’ ascertained, so that if as 
between any of the parties defendants there is a defense in law or equity 
which can be set up against an account, it can be made available whether 
on the answer before the decree to account, or afterwards before the mas¬ 
ter, it is not necessary to decide. That the act applies to and governs 
this case is clearly stated in more than one place in the opinion of this 
court in Coleman vs.. Coleman, 19 Pa., 110, 112. It is urged, however, 
that before any liability to account can arise it must appear that the co- 





STATUTES—EQUITY JURISDICTION. 


127 


2 . Jurisdiction of equity to ascertain rights of 
tenants in common.— In addition to the rights granted 
to persons holding coal or iron ore mines or minerals, as 
tenants in common, by the twenty-fourth section of the act 
of 25th April, 1850, it is hereby further enacted that any 
person or persons claiming to be tenants in common, joint 
tenants, or otherwise interested in any coal or iron mines or 
other minerals, and which said tenancy, claim or right shall 
be denied or resisted by any other person or persons claim¬ 
ing the same, it shall be lawful for such tenant in common, 
joint tenant, or other party in interest, to apply by bill or 
petition in equity to the court of common pleas of the 
county in which the lands lie, setting forth the right or 
interest which such claimant has or claims to have in said 
iron ore, coal mine or other mineral, and that the use, exer¬ 
cise or existence of said right is denied by the persons claim¬ 
ing the same; whereupon the said court shall proceed to 
examine, adjudicate and determine the rights of the several 
parties, in the manner prescribed in the above-recited sec¬ 
tion, and all parties in interest shall be made parties to 
such proceeding.* 

3. Appeals. —That in all cases arising under this act an 
appeal may be taken to the supreme court from the final 


tenant upon whom the demand for an account is made has actually taken 
more than his just share or proportion of the entire mass of ore in the 
beds or banks. It might be enough to say that the act of Assembly makes 
no such provision. It applies to any case where coal, iron ore or other 
mineral, has been or shall be taken from the common property. It does 
not say or imply more than a just share or proportion. The remedy 
would be illusory if such a construction should prevail. No one can tell 
what the just share or proportion of each tenant will be until the whole 
mine or bank is exhausted of its entire deposit. In such a mass, practi¬ 
cally inexhaustible for generations to come, it would make the one ninety- 
sixth part equal to the other ninety-five, and really destroy to that extent 
their proportionate value. ,, See also Alden’s Appeal, 93 Pa., 182 (1880); 
Grubb vs. Grubb, 12 L. Bar., 198. 

Upon a bill in equity for an account by the widow of a decedent, 
where coal mines have been worked by the guardian of the children, the 
decree may embrace all the coal that may be taken out during the con¬ 
tinuance of the lease. Neel’s App., 3. Pennypacker, 66 (18821. 

Where a lease of coal lands is amicably forfeited, and there is a subse¬ 
quent reletting to the principal of the former tenant, the recognition of 
the subsequent tenant is a bar to a bill for an account against the first. 
Heed’s App., 7 Atl. Rep., 174 (1886'. 

*Act of April 22d, 1856, sec. 1, P. L., 502. Equity has no jurisdiction 
to enjoin a trespass on mining rights, where the legal title to the mineral 
is in dispute. Duncan vs. Iron Works, 26 W. N. C., 479 (1890) ; Grubb’s 
App., 90 Pa., 229 (1879). As to equity jurisdiction over mortgages of 
mineral companies see act of March 23d, 1877, P. L., 32. 




128 


COAL MINING LAWS OF PENNSYLVANIA. 


decree of any of said courts of common pleas, within one 
year from the date of said final decree, and in all other 
respects upon the same terms and conditions as are provided 
in cases of appeal from the decrees of the court of common 
pleas for the city and county of Philadelphia* 


XIV. PARTITION OF MINERAL LANDS IN 
LUZERNE COUNTY. 

1. Partition of coal lands in Luzerne County— 
Procedure. —In the case of partition of real estate in the 
county of Luzerne, either in the orphans’ court or in the 
court of common pleas, whenever the lands of which par¬ 
tition is sought to be effected or made by petition to the 
orphans’ court, by writ of partition in common pleas or by 
bill in common pleas in equity, or by other process now 
or which hereafter may be established by law, are or may 
reasonably be -supposed to be lands containing coal or 
other minerals, promising a mine, mineral or quarrying 
value, as well as and in addition to a surface use and value, 
the proper court having jurisdiction thereof is empowered, 
whenever it shall to the said court appear advisable and 
proper, and the inquest summoned by the sheriff of said 
county or the master in chancery, seven men appointed 
by the court, as now provided by law, to divide or appraise, 
or to divide and appraise lands of the character above re¬ 
ferred to, shall be of the opinion, and shall so find and 
certify, that partition cannot be made of the coal or other 
minerals beneath the surface without prejudice to or im¬ 
pairing the value of such mineral interest to, cause parti¬ 
tion or valuation, or partition and valuation, to be made 
of the surface of said lands, and to permit the coal and 
other minerals and mining rights, with such quantity of 
surface as shall be necessary for the proper use, develop¬ 
ment and enjoyment of said coal and other minerals, to 
remain undivided for the persons entitled thereto and sub¬ 
ject to future partition and appraisement, or future ap¬ 
praisement to and among the persons thereunto entitled, 
in the same manner, in the same courts, and upon the 


*Act of April 22d, 1856, sec. 2, P. L., 502. 






STATUTES—PARTITION OF MINERAL LANDS. 


129 


like application and process as if tlie said coal and other 
minerals and mining rights and quantity of surface nec¬ 
essary for development as aforesaid were the sole and only 
property of the parties by and for whom partition was 
sought to be effected; and the inquest or seven men or 
master, in the reports, shall designate, by metes and bounds, 
the quantity and location of surface by them or him 
deemed necessary and set apart for the use, development 
and enjoyment of said coal and other minerals and min¬ 
ing rights, and make and return a draft thereof, together 
with a valuation of said surface thus set apart; and in 
every case where there may be a widow or a surviving hus¬ 
band or a surviving parent or parents entitled by law to 
an estate or interest in said coal or other minerals, the 
said inquest or seven men or master, as the case may be, 
shall, with the partition and valuation or partition or val¬ 
uation of the surface as aforesaid, make and return the 
valuation of the said mineral interest: Provided , That in 
proceedings under this act any party in interest may except 
to anything in the petition, report and other proceedings 
alleging or reporting any interest or to a failure therein 
to allege or report any interest in law of any widow or 
surviving husband or. surviving parents or parent in said 
minerals and mineral rights, and the proper court, upon 
hearing of such exceptions, shall have power to examine 
and decide upon the interest and estate of such widow 
or surviving husband or surviving parent or parents, and 
may grant an issue and issues to the court of common 
pleas to try any disputed question or questions of fact as 
in other cases: And provided further, That writs of error 
and appeals to the supreme court from the judgment or 
decree of the court of common pleas 05 the orphans’ court 
shall be allowed as in other cases.* 

2 . Manner of allotment. —The choice and allotment 
of shares and purparts, the payment and securing of outlay 
and obtaining of possession of surface in the cases of parti¬ 
tion as provided in this act shall be in the same manner as 
provided by law in other cases of partition.+ 


*Act of February 26th, 1870, sec. 1, P. L., 256. 

fAct of February 26th, 1870, sec. 2, P. L., 256. By the act of May 
24th, 1871, P. L., 1088, it is provided that the act of February 26th, 1870, 
is not to be construed to diminish or impair the rights or interests of any 
widow, husband or surviving parent in any mineral lands, as they existed 
at its passage. 



130 


COAL MINING LAWS OF PENNSYLVANIA. 


XV. EXECUTION AGAINST MINERAL 
LANDS. 

Extension of mineral lands by inquest. —That in 
all cases of real estate'mainly valuable as developed mineral 
lands, levied upon by virtue of a writ of fieri facias, and an 
inquest shall be held thereon in pursuance of the provisions 
of the forty-fourth section of the act of the 16th of June, 
1836, entitled “ An act relating to executions,” it shall be 
the duty of the inquest, in ascertaining the yearly rents and 
profits of such real estate to take into consideration the 
amount of rent or mineral leave paid, and which said real 
estate may produce from the iron ore, coal or other min¬ 
erals mined from such estate, and which its capacity, as de¬ 
veloped mineral lands may or shall produce, and said in¬ 
quest shall estimate the rent or mineral leave aforesaid, with 
the other rents and profits of the same, for the next suc¬ 
ceeding seven years, and in case such rent, mineral leave 
and profits shall be sufficient to satisfy the judgment upon 
which said execution was issued, with interest and costs of 
suit beyond all reprizes within said seven years, it shall be 
the duty of the inquest to extend said real estate and deter¬ 
mine the amount of rental to be paid, in each of the next 
succeeding seven years, respectively.* 


XVI. MINING COMPANIES UNDER THE ACT 
OF APRIL 21st, 1854, AND SUPPLEMENTS. 

1. Organization—Certificates—Recording—Fees. — 

At any time hereafter when any five or more persons, who 
may be joint owners, tenants in common, or joint tenants, 
of mineral lands within this Commonwealth, may desire to 
form a company, under the provisions of this act, for the 
purpose of developing and improving such mineral lands, 
it shall be lawful for any company formed under the provis¬ 
ions of this act, to construct railroads in and upon their 
lands; also to erect dwelling-houses and other necessary 
buildings; also all necessary machinery for raising, moving 
and preparing all minerals, found in their lands, for market, 


*Act of May 4th, 1852, sec. 3, P. L., 569. 





STATUTES—MIXING COMPANIES. 


131 


and all other improvements necessary to prepare their lands 
for leasing: Provided , That before proceeding with any 
improvement, they shall sign and acknowledge, before some 
officer competent to take acknowledgment of deeds, a certifi¬ 
cate in writing, in which shall be stated the corporate name 
of said company, and the object for which it has been 
formed; a description of the lands, where located, and the 
number of acres; the number of shares into which said 
land has been divided; the residence of the owners, and the 
number of shares owned by each; the name of the county 
in which the chief operations of the company are to be car¬ 
ried on, and the number and the names of the directors who 
shall manage the affairs of said company until the next 
annual election; which certificate shall be submitted to, and 
be examined by the attorney-general of the Commonwealth, 
and by him certified to be properly drawn and signed, and 
that the same is in conformity with the Constitution and 
laws of this Commonwealth; for which service, the persons 
applying for such corporation shall pay him five dollars-; 
and when the said certificate shall be so certified by the 
attorney-general, the same shall be recorded in the office for 
recording of deeds, in the county in which the business of 
the company is to be carried on as aforesaid, in a suitable 
book to be kept for that purpose; and a copy of said certifi¬ 
cate, duly certified by the recorder of said county, shall be 
filed in the office of the secretary of the Commonwealth; 
and the said secretary, upon the receipt of such certified 
copy, shall enter thereon, and upon the original certificate to 
be retained by the company, the day and date of the filing 
of the same; and shall, moreover, cause a true copy of such 
certificate to be*recorded at length in a suitable book to be 
kept in his office for that purpose, for which he shall re¬ 
ceive the sum of five dollars: Provided , That none of the 
provisions of this act shall extend to, or embrace the coun¬ 
ties of [Schuylkill, Northampton,] Lehigh and York * 

2 . Corporate powers—Limitation. —That when the 
certificate shall have been recorded and filed as aforesaid, 
the persons who shall have signed and acknowledged the 
same, and their successors, shall for the term agreed upon, 

*Act of April 21st, 1854, sec. 1, P. L., 437. The act was extended to 
Schuylkill County by act of April 15th, 1857, P. L., 199, and to Northamp¬ 
ton County by act of June 4th, 1864, P. L., 938. The recording of the cer¬ 
tificate is constructive notice to subsequent purchasers or mortgagees, 
whether the names of the individual grantors be properly indexed or 
not. Stockwell vs. McHenry, 15 W. N. C., 323. 



132 


COAL MINING LAWS OF PENNSYLVANIA 


not exceeding twenty years from the filing of such certifi¬ 
cate in the office of the secretary of the Commonwealth as 
aforesaid, be a body corporate and politic, in fact and in 
law, by the name stated in such certificate, and by that na*me 
have succession, and be capable of suing and being sued, 
and shall by their corporate name, be capable in law of 
holding and conveying the real estate described in said cer¬ 
tificate, and such personal estate as may be necessary or con¬ 
venient to carry on the business or operations named in such 
certificate : Provided That the quantity of land to be held by 
such company, shall not exceed three thousand acres: [And 
provided also, That the said company shall not engage, in 
any manner, in the business of mining, selling, or convey¬ 
ing to market the minerals on or in its lands.]* 

3. Capital stock.—That the land to be held by the com¬ 
pany shall form a common stock, and shall be divided into 
shares of the value of fifty dollars each, and apportioned by 
the said company among the owners and subscribers to said 
stock, according to their respective interests, for which cer¬ 
tificates of stock shall be issued, and be assignable and trans¬ 
ferable in such a way and subject to such conditions as the 
said company may from time to time prescribe, and the said 
shares of stock so created shall be, for all legal purposes 
whatsoever, deemed and treated as personal estate.! 

4. Officers—By-laws.—That the stockholders shall an¬ 
nually elect five directors for the management of the affairs 
of the company, at such time and place and upon such no¬ 
tice as may be fixed by the by-laws of the company, to serve 
for one year and until others are elected, and the company 
shall not be dissolved by reason of a failure to elect such 
directors at the proper time and place: the election shall be 
conducted by ballot, and such of the stockholders of the 
company as shall attend for that purpose, shall be entitled 
in person or by proxy to one vote for each share of stock 
held by him or them: and the directors shall elect one of 
their number president of the board, and shall have full 
power to make by-laws, and to appoint such officers and 
agents as they shall deem expedient for the well conducting 
and management and ‘transacting the business of the com¬ 
pany, declare and provide for the payment of the dividends 
to the stockholders, and in general to superintend the busi- 

*Act of April 21st, 1854, sec. 2, P. L. 437. The second proviso is repealed 
by Act of April 9th, 1856, P. L., 283. 

fAct of April 21st, 1854, sec. 3, P. L.,437. 





STATUTES—MINING COMPANIES. 


133 


ness and affairs of the company : Provided , Such by-laws 
shall not be repugnant to any of the laws of this Common¬ 
wealth or of the United States * 

5. Liabilities of stockholders.—That the stockhold¬ 
ers in any company formed in pursuance of the provisions 
of this act, shall be jointly and severally liable in their in¬ 
dividual capacities, for all debts contracted by them for 
work and labor done or materials furnished for the opening, 
improving and preparing their said lands for mining pur¬ 
poses aforesaid: Provided hoivever, That said companies may 
provide against the contracting of any such debts as afore¬ 
said, by the adoption of a by-law requiring all payments 
for the purposes aforesaid to be cash, and in any such case 
if any officer, agent or employ^ of any such company, 
shall contract any debt for the purposes aforesaid in viola¬ 
tion of any such by-law, such officer, agent or employe 
shall be deemed guilty of a misdemeanor, and upon convic¬ 
tion thereof in the court of quarter sessions of the peace of 
the county where such debt'shall have been contracted, he, 
she or they shall be sentenced to pay a fine not less than the 
debt so contracted nor more than double the same, and to 
undergo an imprisonment in the proper jail of such county 
not exceeding twelve months.t 

6. Division of land into shares—Reduction of capi¬ 
tal stock.—Any companies which have been or may here¬ 
after be incorporated under the provisions of the act to 
which this is a supplement, may divide the land authorized 
to be held by them into shares, of the value of not less than 
ten dollars; and the capital stock may be reduced to corre¬ 
spond with the reduction in the value of the shares hereby 
authorized.^: 

7. When letters patent may issue.—In all cases 
where companies have been or shall hereafter be formed 
under the provisions of an act, entitled “ An act to encour¬ 
age manufacturing operations in this Commonwealth,” ap¬ 
proved the seventh day of April, Anno Domini 1849, or any 
of its supplements, or under the provisions of the act en¬ 
titled “ An act to enable joint tenants, tenants in common 
and adjoining owners of mineral land in this Common¬ 
wealth, to manage and develop the same,” approved the 
twenty-first day of April, Anno Domini 1854, (b) it shall 


*Act of April 21st, 1854, sec. 4, P. L., 437. 
fAct of April 21st, 1854, sec. 5, P. L., 437. 
JActof April 12th, 1855, sec. 1, P. L., 217. 




134 


COAL MINING LAWS OF PENNSYLVANIA. 


be lawful for the governor, whenever the certificate of the 
organization of any such company shall have been duly ex¬ 
ecuted, in conformity with the provisions of the said act or 
acts, and filed in the office of the secretary of the Common¬ 
wealth as therein provided, to issue letters patent under the 
great seal of the Commonwealth declaring the subscribers to 
the stock of any such company, and also those who may 
thereafter become subscribers or holders of the said stock, 
to be a body politic, in deed and in law, in the same man¬ 
ner and form as is now provided by law in other cases.* 

8. Shares to be personal property.—The shares held 
by the shareholders in all incorporated land and building 
associations, and mining and manufacturing companies, 
shall be taken to be personal property, conferring a right to 
receive dividends of the profits and proceeds of the real es¬ 
tate held by such companies, but not to create any title in 
the shareholder in or to such real estate, which shall be sub¬ 
ject only to the liens of, and be fully conveyed by the cor¬ 
poration holding the title and owning the same.t 

9. Companies may engage in mining, &c.—Liabil¬ 
ities—Returns—Capital stock.—The second proviso of 
the second section of an act to enable joint tenants, tenants 
in common, and adjoining owners of mineral lands in this 
Commonwealth, to manage and develop the same, approved 
the twenty-first day of April, Anno Domini 1854, is hereby 
repealed; and that companies now formed, or that may 
hereafter be formed under the act mentioned in the fore¬ 
going section, be and they are hereby authorized, in addi¬ 
tion to the rights and privileges conferred by said act, to 
engage in and carry on the mining, and preparing for mar¬ 
ket, coal, fire-clay and other minerals found on or in their 
lands, manufacturing the products of the same, selling or 
conveying the same, and the products thereof, to market: 
Provided , That the liability of the stockholders created by 
said act, shall extend to include all debts contracted by them 
for work and labor done or materials furnished for opening, 
improving and preparing their lands for mining purposes, 
and all debts contracted by the said corporation in their 
business of mining, selling and conveying to market the 
minerals on or in their said lands: Provided also , That such 
companies shall make the return, and pay the tax on divi¬ 
dends, to which the stock of such company shall be liable 


*Act of May 7th, 1855, sec. 1, P. L., 462. 



STATUTES—MINING COMPANIES. 


135 


under the existing laws of this Commonwealth: Provided , 
That the amount of capital stock shall not exceed $500,000 : 
Provided , That none of the provisions of this act shall ex¬ 
tend to Northumberland County.* 

10. Limitation as to amount of debt.—In order the 
better to limit and restrict the amount of liabilities to the 
actual capital of all companies formed under the act to en¬ 
able joint tenants, tenants in common and adjoining owners 
of mineral lands in this Commonwealth to manage and de¬ 
velop the same, approved the twenty-first day of April, 
1854, and to provide for the protection of both the creditors 
and stockholders thereof, the total amount of the debts and 
liabilities (other than its capital stock) of any such company 
shall never exceed the amount of its capital actually paid 
in; and if any debts or liabilities shall be contracted exceed¬ 
ing the said amount, the directors and officers contracting 
the same, or assenting thereto, shall be jointly and severally 
liable, in their individual capacities, for the whole amount 
of such excess, and the same may he recovered by action of 
debt as in other cases.! 

11. Liabilities of stockholders for debts.—That the 
stockholders of all such companies shall be jointly and sev¬ 
erally liable, in their individual capacity, for all debts and 
contracts made by their respective companies, to the amount 
remaining unpaid on each share of stock held by them re¬ 
spectively, and shall be liable in like manner, for all debts 
due to mechanics, workmen and laborers employed by their 
company: Provided however , That no stockholder, director 
or officer shall be held individually liable for any such debt 
as aforesaid, unless the same shall have been sued for within 
one year after the time at which it was contracted.! 

12. Applies to leaseholds.—The provisions of the act 
to which this is a supplement, and the various supplements 
thereto, shall apply to lands held under lease, as well as to 
lands held in fee simple.§ 

13. Act of April 7th, 1858, extended—Executors 
may sell lands to company.—The provisions of the act 

entitled “ A further supplement to the act to encourage the 
manufacture of iron with coke or mineral coal, &c.,” passed 

*Act of April 9th, 1856, sec. 1, P. L., 283. Extended to Northumber¬ 
land County by act of June 4th, 1864, P. L., 939. 

t Act of "March 30th, 1860, sec. 1, P. L., 380. The act repeals former 
acts or parts of acts inconsistent with the provisions of the act. 

t Act of March 30th, 1860, sec. 2, P. L., 380. 

g Act of March 30th, 1860, sec. 3, P. L., 380. 



136 


COAL MIXING LAWS OF PENNSYLVANIA. 


the seventh day of April, Anno Domini 1858, be and the 
same are hereby extended to all companies incorporated in 
pursuance of the act to encourage manufacturing operations 
within this Commonwealth, passed the seventh day of April, 
Anno Domini 1849, and the several supplements thereto, 
and of the act to enable joint tenants, tenants in common 
and adjoining owners of mineral lands in this Common¬ 
wealth, to manage and develop the same, passed the twenty- 
first day of April, Anno Domini 1854; and to all companies 
incorporated by or under any law of this Commonwealth 
for the improvement and development of any coal or mineral 
lands held by tenants in common thereof; and the executors 
or administrators of any deceased tenant in common of said 
lands, may, and they are hereby authorized to convey the 
undivided estate and interest of such decedent therein to 
such company, receiving therefor so much stock in such 
company as the said decedent would have been entitled to 
receive in his lifetime, to be held in the same manner as the 
lands: Provided , That no directions or limitations contained 
in any last will and testament of such decedent shall be in 
any manner interfered with: And provided , That before 
making such conveyances, such executors or administrators 
shall give sufficient security, to be approved by the orphans’ 
court having jurisdiction of their accounts, for the faithful 
application of the stock received therefor.* 

14. Extension of corporate existence—Increase of 
capital stock.—It shall be lawful for any incorporation, 
erected under the act to which this act is supplementary, and 
its several supplements, to extend the time of the duration 
of such corporation for any term not exceeding twenty years, 
from the day upon which any such company was incorpo¬ 
rated ; and it shall also be lawful for any such company to 
increase its capital, to any amount not exceeding $500,000. t 


*Act of April 2d, 1860, sec. 1, P. L., 577. The act of April 7th, 1858, 
P. L., 213, is as follows : “ When any number of persons, citizens of the 
United States, tenants in common of any real estate within this Com¬ 
monwealth, shall be associated for the purpose of manufacturing iron 
from the raw material, and any of such tenants in common shall die, 
it shall be lawful for the survivors and the executors or administrators of 
such deceased cotenant to join in making the application provided for in 
the act to which this is a supplement, and in the supplement thereto, 
passed the thirteenth day of April, Anno Domini 1838, and to do all 
things necessary to carry the same into effect; and the same proceedings 
shall take place thereon as directed by the said act and its several supple- 
ments.” 

fAct of April 10th, 1862, sec. 1, P. L., 403. 




STATUTES—MINING COMPANIES. 


137 


15. Increase of capital stock—Notice of meetings. 

—That whenever any company, incorporated under the 
provisions of the act to which this is supplementary, and 
its several supplements, shall desire to call a meeting of 
the stockholders thereof, for the purpose of increasing or 
diminishing the amount of its capital stock, or of extending 
its charter, it shall be the duty of the directors to publish a 
notice, signed by at least a majority of them, in at least two 
newspapers, printed in the county where the operation of 
such company shall be carried on, if so many are printed 
therein, and if not, then in two newspapers printed in ad¬ 
joining counties, once a week during three successive weeks, 
and to deposit a written or printed copy thereof in the post- 
office, addressed to each stockholder, at his usual place of 
residence, at least two weeks previous to the day designated 
for holding such meeting; which notice shall specify the ob¬ 
ject of such meeting, the time and place when and where 
such meeting shall be held, and the amount to which it is 
desired to increase or diminish the capital of such company, 
or the time to which it is proposed to extend the charter of 
such corporation.* 

16. Increase of capital stock—Organization of 
meeting.—That if, at the time and place specified in the 
notice provided for in the preceding section, stockholders 
shall appear in person, or by proxy, representing not less 
than two-thirds of all the shares of the stock of the corpora¬ 
tion, they shall organize, by choosing one of the directors, 
if present, and if not, then one of the stockholders, as chair¬ 
man of the meeting and some suitable person as secretary, 
and the chairman shall appoint two of the stockholders 
present to act as tellers, when they shall proceed to a vote of 
those present, in person or by proxy; and if, on canvassing 
the votes given, it shall appear that the holders of two- 
thirds of all the shares composing said capital, have voted 
in favor of increasing or diminishing the amount of the 
capital stock, or of extending the charter of such corpora¬ 
tion, then, and not otherwise, a certificate of the proceedings 
shall be made out, showing a compliance with the provisions 
of this act, the amount of capital paid in, and the amount to 
which the capital shall be increased or diminished, or speci¬ 
fying the time to which the charter of such corporation is 
extended, as the case may be, which certificate shall be 


*Act of April 10th, 1862, sec. 2, P. L., 403. 





138 


COAL MINING LAWS OF PENNSYLVANIA. 


signed by the said chairman, secretary and tellers, verified 
by their respective oaths or affirmations, and which, so 
signed and verified, shall be recorded, and a certified copy 
thereof filed in the office of the secretary of the Common¬ 
wealth ; and when so recorded and filed, the capital stock of 
such corporation shall be increased or diminished to the 
amount specified in such certificate, or the charter of such 
corporation shall be extended for such time as is specified 
in such certificate, as the case may be.* 

17. Division of land into shares—Capital stock.— 
Any company which may hereafter be incorporated under 
the provisions of the act, to which this is a supplement, for 
the purpose of mining, or improving mineral lands, in the 
Commonwealth, may divide the land, authorized to be held 
by them, into such number of shares, not exceeding two 
hundred thousand, and of such value, not less than five 
dollars per share, as shall in each particular be designated, 
in the certificate in writing, required to be signed and ac¬ 
knowledged by the provisions of the act, to which this is a 
supplement.! 

18. Amount of land which may be held by com¬ 
panies not incorporated by this State.—That any cor¬ 
poration, association or company, not incorporated under 
the laws of this State, may acquire, hold and convey, not 
exceeding three hundred acres of land in this Common¬ 
wealth, for mining purposes.! 

19. Other real and personal property may be held. 
It shall be lawful for any company, duly incorporated, under 
the provisions of an act to enable joint tenants, tenants in 
common and adjoining owners of mineral lands in this 
Commonwealth, to manage and develop the same, approved 
the twenty-first day of April, Anno Domini 1854, and of the 
several supplements thereto, to acquire, hold and convey, for 
the purposes therein mentioned, other real and personal 
estate than that described in its certificate of association: 
Provided , The land, so held, shall not exceed the quantity 
limited in said act, or the supplements thereto.§ 

20. Powers of directors to sell lands.—The directors 
of any company, incorporated under the act to which this is 
a supplement shall have the power to sell and convey, any 




STATUTES—MINING COMPANIES. 


139 


part, or the whole, of any real estate belonging to said com¬ 
pany:. Provided , That the consent of the holders of a 
majority of the stock, to said sale, shall be first obtained at 
a meeting called for that purpose, in accordance with the 
by-laws: Provided further , That this section shall not apply 
to the Bird Coal and Iron Company.* 

21. Application of proceeds of sale of lands—Re¬ 
duction of capital stock.—That the said stockholders 
may direct how the proceeds of such sale shall be applied, 
whether in whole, or in part, as working capital, or in re¬ 
duction of capital stock, to any other corporate purpose, but 
no portion of such proceeds of sale shall be applied to the 
reduction of capital stock, or payment of individuals, until 
all the debt due by said company at the time of said sale, 
shall have been first provided for, or paid; and before any 
reduction of said capital stock, as aforesaid, shall be carried 
into effect, the president, and a majority of the directors, of 
said company, shall make, and sign, a certificate thereof, 
under oath or affirmation, and cause the same to be recorded 
in the office of the secretary of the Commonwealth, and filed 
with the auditor-general, and new certificates of the capital 
stock, so reduced, shall be, thereupon, issued.! 

22. Number of directors.—That the board of direct¬ 
ors, of any company incorporated under the said act, may 
consist of any number not less than five, nor more than 
thirteen, and in case of any company heretofore organized, 
thereunder, it may be increased to any number not exceed¬ 
ing thirteen, as follows: the president and existing directors, 
or a majority thereof, shall make and sign, a certificate de¬ 
claring how many directors the said company shall have for 
its future management, which certificates shall be recorded 
in the office of the secretary of the Commonwealth; and, 
thereafter, the stockholders shall, at their annual elections, 
elect said number of directors, and the number of directors, 
as aforesaid, may, in like manner, be reduced, at any time, 
to a number not less than five.! 

23. Application of the act to various estates.—The 
provisions of the act, to which this is a supplement, and the 
various supplements thereto, shall apply to lands held under 
grant, in perpetuity of the mining privileges therein, as well 


*Act of March 27th, 1865, sec. 1, P. L., 34. 
fAct of March 27th, 1865, sec. 2, P. L., 34. 
t'Act of March 27th, 1865, sec. 3, P. L., 34. 




140 


COAL MINING LAWS OF PENNSYLVANIA. 


as to lands held in fee simple, or under lease, and to adjoin¬ 
ing owners, as well as to joint owners, and whether the legal 
and equitable estates be joint, or severed, in said owners.* 

24. Vesting of title in company.—That it shall be 
deemed and taken to be the true intent and meaning of the 
act, to which this is a supplement, that the right, title and 
interest of the owners, in and to the lands, leasehold, or 
other interest mentioned and described in the certificate, in 
writing, required by the first section of said act, should vest 
in the company therein named, and without any further 
conveyance or assignment, and free and discharged from all 
right or claim of dower; and it shall be the duty of the re¬ 
corder of deeds of the county in which said certificate is, or 
shall be, recorded, to enter the names of the parties signing 
said certificate, among the grantors, in the index of deeds 
and conveyances in his office.t 

25. Correction of errors in incorporation.—That 
when any error or omission may have occurred, or may 
occur, in the incorporation or organization of any such 
company, the stockholders, at a meeting specially called for 
the purpose, under their by-laws, may amend and confirm 
such incorporation or organization, and all proceedings 
thereunder, and upon filing a certificate thereof, duly at¬ 
tested, with the secretary of the Commonwealth, such incor¬ 
poration and the acts of said company, shall be held to be 
regular and valid, as if said error or omission had not oc¬ 
curred : Provided , That before the filing of said certificate, 
it shall be submitted to the attorney-general of the Common¬ 
wealth and by him certified to be in conformity with the 
act to which this is a supplement and the several supple¬ 
ments thereto : And provided further , That the intervening 
rights of third parties shall not be affected by such pro¬ 
ceeding. t 

26. "Extension of corporate existence.—Whenever 
any company, formed under the act to which this is a sup¬ 
plement, shall desire to extend its corporate existence for a 
further term of twenty years, it may do so by a vote of its 
stockholders, representing a majority of its stock, but in that 
case, a certificate thereof, signed and acknowledged by the 
president and a majority of the stockholders, and recorded 
in the county where the original certificate of association 

*Act of March 27th, 1865, sec. 4, P. L., 34. 

fAct of March 27th, 1865, sec. 5, P. L., 34. 

JAct of March 27th, 1865, sec. 6, P. L., 34. 




STATUTES—MINING COMPANIES. 


141 


was recorded, shall be filed with the secretary of the Com¬ 
monwealth, and the like proceedings shall take place in case 
of any subsequent extension of the existence of such com¬ 
pany; and thereupon it shall possess all the powers and 
privileges, and be subject to all the liabilities mentioned in 
said act, and the supplements thereto, during such extended 
term of twenty years: Provided , That no such certificate of 
extension shall be filed, except during the last five years of 
the corporate existence of such company.* 

27. Division of lands—Capital stock.—That any 
company, which may hereafter be incorporated under the 
provisions of the act to which this is a supplement, may di¬ 
vide the lands authorized to be held by them, into such 
number of shares not exceeding five hundred thousand, and 
of such value, not less than one dollar per share, as shall in 
each particular be designated in the certificate in writing, re¬ 
quired to be signed and acknowledged by the provisions of 
the act to which this is a supplement.'! 

28. Additional lands—Capital stock.—That when 
any company, incorporated under the act to which this is a 
supplement, shall acquire by authority of law, other real, or 
personal, estate, than is described in the original certificate 
of the said company, the same may be added to and form 
part of their common stock, and be divided by the directors 
into shares, in the manner now prescribed by law: Provided , 
That whenever the capital stock of a company shall be in¬ 
creased, as aforesaid, the directors thereof shall call in and 
cancel the old certificates of stock, and issue new certificates 
in lieu thereof, representing the entire capital stock so in¬ 
creased, and sha.ll pay to the Commonwealth a tax of one- 
half of one per centum on the amount added, as aforesaid, 
to their original capital, in four equal annual installments, 
the first to be paid, within one year after the said increase 
thereof, t 

29. Meetings.—That the annual meetings of the stock¬ 
holders of any company, incorporated under the act of 
which this is a supplement, shall be held within this Com¬ 
monwealth, at such place as may be designated in the by¬ 
laws ; and where a majority of the directors shall reside out 
of the State, the meetings of the said directors may be held, 
and the office of the company located, at such place as may 


*Act of March 27th, 1865, sec. 7, P. L., 34. 
fAct of March 27th, 1865, sec. 8, P. L., 34. 
|Act of March 27th, 1865, sec. 9, P. L., 34. 




142 


COAL MINING LAWS OF PENNSYLVANIA. 


be most convenient to the said directors, upon filing, in the 
office of the auditor-general, a certificate of the location of 
said office, and the names of the officers, and directors of 
said company.* 

30. Company may borrow money.—It shall be law¬ 
ful for any company, incorporated, or hereafter incorporated, 
under the provisions of the act to which this a supplement, 
and the several supplements thereto, including this act, to 
borrow on loan, for the prosecution of their legitimate busi¬ 
ness, any sum or sums of money, not exceeding the amount 
of capital stock paid in, or represented by the lands of the 
company, and issue bonds therefor, not less in amount than 
one hundred dollars each, at a rate of interest, not exceed¬ 
ing seven per centum per annum, and for securing the pay¬ 
ment thereof, to execute a mortgage or mortgages, of all or 
any part of their real estate and franchises, under the seal 
of the corporation, to be signed and acknowledged by the 
president or other chief officer thereof: Provided always, 
That the loan created shall first be approved by a majority 
of the stockholders, at a meeting convened to consider the 
propriety of borrowing the proposed sum of money.t 

31. Company may lease lands.—Whenever by the 
terms of the act of incorporation, authority is given to any 
company, to purchase lands, for mining and selling coal, 
such authority shall be taken to include the leasing, or pur¬ 
chasing of leases, of lands, similarly situated, and for the 
same purposes: Provided , That the quantity of land, held 
on lease, shall be deemed and estimated as so much of the 
lands, authorized to be purchased.f 

32. Special stock authorized.—Every company here¬ 
tofore, or hereafter, incorporated, under the provisions of the 
act of April 21st, 1854, and the various supplements thereto, 
may, by a vote of three-fourths of the general stockholders, 
at a meeting, duly called for the purpose, issue two kinds of 
stock, namely, general stock and special stock; the special 
stock shall, at no time, exceed one-half of the stock of the 
corporation, and shall be subject to redemption, at par, after 
a fixed time, to be stated in the certificates; holders of such 
special stock shall be entitled to receive, and the corporation 
shall be bound to pay thereon, a fixed or half-yearly sum, or 
dividend, to be expressed in the certificates, not exceeding 

*Act of March 27th, 1865, sec. 10, P. L., 34. 

fAct of March 27th, 1865, sec. 1, P. L., 37. 

jAct of September 30th, 1864, sec. 1, P. L., 961. 





STATUTES—MIXING COMPANIES. 


143 


four per centum, and they shall, in no event, be liable for 
the debts of the corporation, beyond their stock.* 

33. Bonds may be sold for less than par.—When¬ 
ever any company, organized under the provisions of the 
act, to which this is a supplement, and the several supple¬ 
ments thereto, shall determine to borrow, on loan, for the 
prosecution of its legitimate business, any sum or sums, of 
money, which by the supplement to said act, passed the 
twenty-seventh day of March, 1865, it is authorized so to do, 
and shall issue bonds, certificates of loan, or other evidence 
of indebtedness, secured by mortgage, for payment thereof, 
such company is hereby authorized to sell the same, at less 
than their par value; and any company which may have 
issued, or shall hereafter issue, any such bonds, certificates 
of loan, or other evidence of indebtedness, executed by such 
company, and has disposed of, or may hereafter dispose of, 
the same, at less than their par value, such transaction shall 
not be deemed usurious, or in violation of any law of this 
Commonwealth, prohibiting the taking of more than six per 
cent, interest: Provided , That the consent of a majority of 
the stockholders shall be obtained thereto, before sale of the 
bonds: Provided , That the provisions of this act shall not 
apply to the-county of Luzerne.t 

34. Borrowing money.—All iron and other manufact¬ 
uring and mining corporations, incorporated under the 
laws of this Commonwealth, shall be and hereby are en¬ 
abled to borrow moneys, and to secure the loans, to be 
made by them, by mortgage of their property, and to 
dispose of their bonds, or certificates of loan, or pay in¬ 
terest thereon, at such rates as railroad and canal compa¬ 
nies may now do.J 

35. Tax on capital stock.—All such companies, organ¬ 
ized under the aforesaid act of the twenty-first day of April, 
Anno Domini 1854, and its supplements, shall not be liable, 
under the provisions of said act, in the aggregate for more 
than one-half of one per centum on the capital stock, as al¬ 
tered and changed as aforesaid; and whatever portion, if 
any, of the said corporation tax shall still remain unpaid to 
the Commonwealth, the same shall be due and payable only 


*Actof March 31st, 1866, sec. 1, P. L., 93. 
fAct of April 20th, 1866, sec. 1, P. L., 113. 

JAct of January 11th, 1867, sec. 1, P. L., 1372. This does not authorize 
them to make chattel mortgages. Roberts Ap., 60 Pa., 400 (1869). 



144 


COAL MINING LAWS OF PENNSYLVANIA. 


out of the first net earnings or income of such companies 
hereafter realized.* 

36. Certificate of stock must be produced at elec¬ 
tions.—From and after the passage of this act, no stock¬ 
holder shall be allowed to cast his vote, for the election of 
any officer, or officers, of any oil, or other mining company, 
incorporated by the laws of this Commonwealth, unless such 
stockholder shall produce his certificate of stock, with power 
of attorney, properly stamped, or such other satisfactory 
evidence that he, she, or they, are bona fide the owners of 
such stock to be so voted, as the secretary and other officers 
of said company shall require.! 

37. Certain acts extended to mining companies. 
The provisions of the act, entitled “ An act relating to rail¬ 
road companies/’ passed May 16th, Anno Domini 1861, 
and the supplement thereto, entitled “ A further supplement 
to an act entitled ‘ An act relating to railroad compan¬ 
ies/ passed May 16th, Anno Domini 1861/’ which supple¬ 
ment was approved the twenty-third day of March, Anno 
Domini 1865, be and the same are hereby extended to oil 
and other mining companies.! 

38. Merger and consolidation.—That any two, or 
more, oil, or other mining companies, which shall, accord¬ 
ing to the provisions of said recited acts, agree to merge, or 
consolidate, their rights and privileges, granted to them un¬ 
der the laws of this Commonwealth, are hereby authorized 
to assume such name as the board of directors, selected by 
the joint action of said companies, may designate, and also 
to fix the amount of the capital stock of said company, after 
the consolidation, and designate the time and places of meet¬ 
ing of the board of directors: Provided , That immediately 
after said consolidation shall have been effected, it shall be 
the duty of said company to certify, to the secretary of the 
Commonwealth, the name of said company, and the amount 
of its capital stock.§ 

39. Consolidation authorized if majority of direct¬ 
ors agree.—That it shall be lawful for the president and 
directors, or a majority thereof, of any oil, or other mining 
company, agreeing, or desirous of accepting the provisions 



STATUTES—MINING COMPANIES. 


145 


of this act, to make such merger, and consolidate, in manner 
and form as hereinbefore provided.* 

40. Consolidation in Schuylkill and Luzerne Coun¬ 
ties^—It shall be lawful for coal companies, coal and iron 
companies and other mining companies, and for companies 
having mining privileges, whether chartered under any 
general or special law of this Commonwealth, to merge and 
consolidate their corporate rights, powers, privileges, prop¬ 
erty and franchises into any other company owning real 
estate in the same county, being a coal or mining company, 
or a coal and iron company, or a company having mining 
privileges.! 

41. Effect of consolidation in Schuylkill and Lu¬ 
zerne Counties.—That such merger and consolidation 
shall be made in accordance with the conditions and re¬ 
strictions prescribed for the consolidation and merger of 
railroad companies, by an act relating to railroad companies, 
which became a law on the sixteenth day of May, Anno 
Domini 1861; and when so made, all the property, rights, 
franchises and privileges of the company so merged shall, 
by virtue of such merger, be thereby transferred to and 
vested in the company into which such merger shall be 
made; and all the other provisions of the said act of May 
16th, Anno Domini 1861, and of the supplements thereto, 
except that which limits the right of consolidation and 
merger to connecting railroads, which are not inconsistent 
with this act, are hereby extended and made applicable to 
the companies mentioned in the first section of this act: 
Provided , That this act shall apply only to companies whose 
coal lands and mining property are located in the counties 
of Schuylkill and Luzerne.! 

42. Certain act extended to mining companies.— 
The provisions of the twenty-fourth section of the act, en¬ 
titled “ An act to encourage manufacturing companies within 
this Commonwealth,” approved April 7th, Anno Domini 
1849, shall be and are hereby extended to all manufacturing 
or mining companies now or hereafter incorporated under 
any special or general law of this Commonwealth^ 

43. Duties of treasurer.—The treasurer of every 
manufacturing or mining company now incorporated or 

*Act of April 18th, 1867, sec. 3, P. L., 90. 

fAct of April 13th, 1868, sec. 1, P. L., 940. This act applies only to 
Schuylkill and Luzerne counties. 

JAct of April 13th, 1868, sec. 2, P. L., 940. 

|Act of April 17th, 1869, sec. 1, P. L., 71. 






146 


COAL MINING LAWS OF PENNSYLVANIA. 


hereafter incorporated under any special or general law of 
this Commonwealth, shall keep the moneys of the corpora¬ 
tion in a separate bank account, to his credit as treasurer, 
under the penalty of fifty dollars for every day he shall fail 
to comply with said duty, to be recovered at the suit of any 
informer, in an action of debt; and every director of any 
such corporation who shall consent to such breach of duty, or, 
having knowledge thereof, shall not enter his protest on the 
minutes of the company, shall be liable to the same penalty, 
to be recovered in like manner.* 

44. Increase of capital stock.—It shall be lawful for 
any company incorporated under the provisions of the act 
to which this is a supplement, and its several supplements, 
to increase its capital stock, in the manner and subject to 
the provisions of an act approved the tenth day of April, 
Anno Domini 1862, entitled “ A supplement to an act, en¬ 
titled ‘An act to enable joint tenants, tenants in common 
and adjoining owners of mineral lands in this Common¬ 
wealth to manage and develop the same,’” passed the 
twenty-first day of April, 1854: Provided , That the amount 
of additional stock so issued shall not exceed $500,000, and 
that upon such increase being made the stockholders of such 
company may provide for the time and manner of the pro 
rata distribution, or the price or terms of the sale of the 
additional stock: Provided , That on making such increase 
of capital, notice shall be forthwith given thereof to the 
auditor-general; and that upon such increase of capital said 
corporations shall pay into the treasury of the Common¬ 
wealth such bonus and taxes as are now or may hereafter be 
required by law.t 

45. Lands discharged of dower.—It shall be deemed 
and taken to be the true intent and meaning of the act to 
which this is a further supplement, that in all cases where 
the legal title to the lands, leasehold or other interests men¬ 
tioned and described in the certificate in writing, required 
by the first section of said act, have been, are or shall be 
held in the name of one or more persons, for the benefit or 
in trust for himself or selves, or cojointly with others, the 
right, title and interest of such person or persons in whose 
name the same were or are held, shall be deemed to vest in 
the company therein named, freed and discharged from all 


*Act of April 17th, 1869, sec. 2, P. L., 71. 

fAct of December 16th, 1869, sec. 1, P. L., 1372 (1870). 





STATUTES—MINING COMPANIES. 


147 


claim or right of dower, without any further conveyance ot 
assignment, as fully as though the same had been or are 
held in joint tenancy in fee simple, or by absolute owner¬ 
ship * 

46. Act of April 12th, 1867, extended. —The pro¬ 
visions of the first section of the act approved April 12th, 
1867, entitled “ An act authorizing the reduction of the 
capital stock of oil companies, and the equalization of the 
taxes relative thereto,” be and the same are hereby extended 
and made applicable to all companies incorporated under 
the provisions of the act approved April 21st, 1854, entitled 
“An act to enable joint tenants, tenants in common and 
adjoining owners of mineral lands in this Commonwealth 
to manage and develop the same,” and the supplements 
thereto.! 

47. Sale of franchises and reorganization by pur¬ 
chasers. —That whenever the material, rolling stock, prop¬ 
erty and franchises of any gas, water, coal, iron, steel, lum¬ 
ber, oil, or mining or manufacturing, transportation or 
telegraph company, or any railroad, canal, turnpike, bridge 
or plank road, or of any corporation, created by or under 
any law of this State, shall be sold and conveyed, under and 
by virtue of any process or decree of any court of this State 
or of the Circuit Court of the United States, or under or by 
virtue of a power of sale contained in any mortgage or deed 
of trust, without any process or decree of a court in the 
premises, the person or persons for or on whose account 
such material, rolling stock, property and franchises of any 
gas, water, coal, iron, steel, lumber, oil, or mining or manu¬ 
facturing, transportation or telegraph company, or any rail¬ 
road, canal, turnpike, bridge or plank road, or of any cor¬ 
poration, created by or under any law of this State, may be 
purchased, shall be and they are hereby constituted a body 
politic and corporate, and shall be vested with all the right, 
title, interest, property, possession, claim and demand in 
law and equity, of, in and to such material, rolling stock, 
property or franchises of any gas, water, coal, iron, steel, 
lumber, oil,*or mining or manufacturing, transportation or 
telegraph company, or any railroad, canal, turnpike, bridge 
or plank road, or of any corporation, created by or under 
any law of this State, with the appurtenances, and with all 





148 


COAL MINING LAWS OF PENNSYLVANIA, 


the rights, powers, immunities, privileges and franchises of 
the corporation, as whose the same may have been so sold, 
and which may have been granted to or conferred there¬ 
upon, by any act or acts of Assembly whatsoever in force at 
the time of such sale and conveyance, and subject to all the 
restrictions imposed upon such corporation by any such 
act or acts, except so far as the same are modified hereby; 
and the person for or on whose account any such material, 
rolling stock, property and franchises of any gas, water, 
iron, steel, lumber, oil, or mining or manufacturing, trans¬ 
portation or telegraph company, or any railroad, canal, 
turnpike, bridge or plank road, or of any corporation, 
created by or under any law of this State, may have been 
purchased shall meet, within thirty days after the convey¬ 
ance thereof shall be delivered, public notice of the time 
and place of such meeting having been given, at least once 
a week for two weeks, in at least one newspaper published 
in the city or county in which such sale may have been 
held, and organize said new corporation by electing a presi¬ 
dent and board of six directors, (to continue in office until 
the first Monday in May succeeding such meeting, when and 
annually thereafter on the said day a like election for a 
president and six directors shall be held to serve for one 
year,) and shall adopt a corporate name and common seal, 
determine the amount of the capital stock thereof, not ex¬ 
ceeding the amount authorized in the original charter, and 
shall have power and authority to make and issue certifi¬ 
cates therefor to the purchaser or purchasers aforesaid, to 
the amount of their respective interests therein, in shares of 
fifty dollars each, and may then or at any time thereafter 
create and issue preferred stock to such an amount and on 
such terms as they may deem necessary, and from time to 
time to issue bonds, at a rate of interest not exceeding six 
per centum, to any amount not exceeding their capital stock, 
and to secure the same by one or more mortgages upon the 
real and personal property and corporate rights and fran¬ 
chises, or either or any part or parts thereof: Provided , 
That no coal, iron, steel, lumber, or oil, or mining, manu¬ 
facturing, transportation or telegraph company, shall have 
the benefit of this act, unless it shall have previously filed, 
with the secretary of State, its acceptance of all the provis¬ 
ions of the Constitution, as provided by law * 


*Act of May 31st, 1887, sec. 1, P. L., 278. 





DECISIONS. 

I. SURFACE SUPPORT. 

(a.) THE GENERAL PRINCIPLE STATED AND 
ILLUSTRATED. 

Where there has been a separation of the minerals 
from the surface, the owner of the mineral estate, in 
the absence of an agreement to the contrary, owes a 
servitude to the superincumbent estate, of sufficient 
support. 

In Jones vs. Wagner, 66 Pa., 429 (1870), Thompson, C. J., 
said:— 

“ The right of supports, ex jure naturae, which the owner of the 'soil 
is entitled to receive from the minerals underneath, has, within compara¬ 
tively a few years, received much atttention in the courts in England, and 
the rule deducible from the cases in all the courts, the House of Lords, 
Exchequer and Queen’s Bench, is, that where there is no restriction or 
contract to the contrary, the subterranean or mining property is subserv¬ 
ient to the surface to the extent of sufficient supports to sustain the lat¬ 
ter, or in default there is liability to damages by the owners or workers 
of the former for any injury consequent thereon to the latter. This is 
fully supported by Harris vs. Kyding, 5 M. & W., supra, determined at 
Easter Term, 1839, in the Exchequer; Humphries vs. Brogden, 1 Eng. Law 
& Eq., 251 (1850), in the Queen’s Bench, before Lord Campbell, C. J., and 
Patterson, Coleridge and Erie, J. J. The whole question was there 
discussed most learnedly and ably by the Lord Chief Justice, and the 
same result arrived at as had been in the Court of Exchequer, supra, and 
in the case of the Earl of Glasgow vs. The Hurlet Alum Co., House of 
Lords, 1850, 8 Eng. Law and Eq., 13. There are many other cases 
referred to in the English courts to the same effect by Rodgers on Mining, 
page 455, et seq. Among them are Robotham vs. Wilson, 8 H. L. Ca., 348; 
Pennington vs. Gallard, 9 Exch., 1, for the principles stated by the learned 
author at page 467: ‘ That if any owners of lands grant a lease of the 
minerals beneath the surface with power to work and get them in the 
most general terms, still the lessee must leave a reasonable support for the 
surface, and so conversely, where the minerals are demised and the sur¬ 
face is retained by the lessor, there arises a prima facie inference at com¬ 
mon law, upon every such demise ; that the lessor is demising them in 
such a manner as is consistent with the retention by himself of his own 
right of support.’ These citations prove two things, viz., that the owner 
of a mineral estate, if the law be not controlled by the conveyance, owes 
a servitude to the superincumbent estate of the sufficient supports, con¬ 
sequently the failure to do so is negligence, and so may be declared upon. 
Humphries vs. Brogden, supra. 

“ A usage to mine without the observance of this duty by defendants 
must have been so ancient and uniform in the region in which the prop¬ 
erty is situated, as to amount to custom or usage capable of controlling 

(149) 


150 


COAL MINING LAWS OF PENNSYLVANIA. 


the rule of the common law cited above, and of becoming the law itself. 
One element of such a custom would be, that it is so ancient ‘ that the 
memory of man runneth not to the contrary.’ This could not be, and 
was hardly pretended of the locality in question. Nor is it likely that in 
a business like mining bituminous coal, found only in the western coun¬ 
ties of the State, there ever was any rule there other than that which 
would result from convenience. 

“ As to the house in question damaged, it undoubtedly had a right to 
support as incident to the ground on which it stood. What might be the 
consequences of building in an unreasonable manner, taking into view 
the mining rights beneath, on a question of the sufficiency of the sup¬ 
ports, does not arise in this case and need not be decided. 

“ We have no case strictly of authority in our books nor do I find any 
in the books of our sister States. In most of them but little subterranean 
mining exists, and in others the question has not presented itself for adju¬ 
dication. In none of the cases cited by. the learned counsel from our 
State reports, is the question decided or intentionally touched; we must 
therefore rule the point for ourselves for the first time. The English cases 
referred to emanate from great ability, and from a country in which min¬ 
ing, its consequences and effects, are more practical, and the experience 
greater, than in any other country of which we possess any knowledge. 
We think it safe, therefore, to follow its lead in this matter, and hold that 
in the case in hand the recovery was right, predicated as it was of the 
want of support in the mine to prevent the plaintiff’s ground, house and 
orchard, from injury from subsiding into the cavity made in the earth.by 
the removal of the coal. The upper and underground estates being 
several, they are governed by the same maxim which limits the use of 
property otherwise situated, sic utere luo et alienum non laedas .. We have 
no doubt that all the evils deprecated by the adoption of this rule will 
disappear under regulations adapted to each case of severance of the soil 
from the minerals. Contract may devote the whole minerals to the enjoy¬ 
ment of the purchaser, without supports, if the parties choose. If not, the 
loss by the maintaining pillars or putting in props will necessarily come out 
of the value of the mineral estate. If at any time the public necessities 
may demand the pillars to be removed for fuel, we may safely assume 
that the same necessity will provide some rule which will be satisfactory 
in such a crisis.” 

In Coleman vs. Chadwick, 80 Pa., 81 (1875), a grant of 
minerals contained the following clause: “ And all the priv¬ 
ileges necessary for the convenient working, running and 
transportation of said coal, and deposition of excavated 
matter, and also all rights and privileges incident or usually 
appurtenant to the working and using of coal mines.” It 
was contended that the grantor by this clause parted with 
the right of surface support. The court, however, said:— 

“We cannot perceive that this grant in any way compromises the 
grantor’s right of surface support. If, indeed, the destruction of the 
superincumbent estate be one of the privileges necessarily incident and 
appurtenant to coal mining, then the said indenture does convey the 
right contended for. As, however, we have just determined that such 
destruction of the surface is in no way incidental to such mining, we 
must necessarily refuse our assent to the construction contended for. It 
is in effect but another form of a plea of a general custom or usage per¬ 
missive of the removal of all subjacent support. For it is argued, that 



DECISIONS—SURFACE SUPPORT. 


151 


when the vendor used the words, ‘all rights and privileges incident or 
usually appurtenant to the working and using of coal mines,’ he did so in 
view of such custom, as above referred to, and that his covenant must be 
interpreted accordingly. The answer to all this is, that as no such cus¬ 
tom could have existed, because of its unreasonableness, it could not 
have entered into the contract of the parties. Support is part and parcel 
of the reserved estate; it is of common right, and hence must pass, if at 
all, by express grant, and it is not to be defeated by mere implication 
arising from language that does not import such an effect.” 

In Carlin vs. Chappel, 101 Pa., 348 (1882), Brown con¬ 
veyed to Lewis a certain tract of land. The deed contained 
the following clause: “Excepting and reserving to John 
Brown all the coal underlying said lots of ground, the right 
and full and free privilege of ingress, egress and regress for 
digging, mining and excavating said coal (for the purpose 
of mining, digging, excavating and conveying away said 
coal.)” Subsequently by mesne conveyances the coal be¬ 
came vested in the defendants. The surface caved in ow¬ 
ing to the failure of defendants to leave sufficient support. 
The court held that the plaintiff could recover, and that the 
fact that the mining was carefully done according to the 
usual practice of mining was no defense. 

In Thompson vs. Coal Company, 1 Luz. L. Obs., 25 
(1860), the court said (Conyngham, J.):— 

“ The plaintiff further has the right of support for the surface of his 
lot, that he may enjoy such surface as nature made it; the defendants 
have the right to take out the coal; but in so doing they must leave the 
support sufficient to keep up that surface, either by pillars or other 
means, and depending upon the character of the roof and the superjacent 
soil, and if the defendants in taking out the coal, do let down or do in¬ 
jury to the surface, they are liable, even though they may claim to have 
left a reasonable support, or show that they have mined, as their en¬ 
gineers think in accordance with the practice of other miners and care¬ 
fully and properly. If it be so mined as not to leave a sufficient support 
it is not done properly and carefully.” 

In Nelson vs. Iloch, 36 Leg. Int., 215 (1879), the owners 
in fee of certain lots of ground made a lease of all the 
workable coal in a vein underlying the lots. Subsequently 
the lessors sold the surface. The court held that the lessees 
could not remove all the coal, but must leave sufficient sup¬ 
port to the surface. 

In Barnes vs. Berwind, 3 Pennypacker, 340 (1883), a deed 
conveyed the right to all the coal under the soil, and con¬ 
tained a stipulation by the grantor to indemnify the grantee 
from any damage that might arise from giving way of 
the surface after the removal of the coal. Subsequently 
the grantor laid out a mining village on the surface, over 
the coal, and one of the lots was bought by the plaintiff. 



152 


COAL MINING LAWS OF PENNSYLVANIA. 


The defendants removed all the coal under plaintiff’s lot, 
the surface of which caved in, destroyed a spring, and ren¬ 
dered the lot unfit for building purposes. The court held 
that the stipulation of the deed was notice to purchasers of 
the surface only from the time of record, and that the 
plaintiff was entitled to recover damages. 

In Williams vs. Hay, 120 Pa., 485 (1888), Baer conveyed 
to Hay a tract of land. The deed contained the following 
clause: “ Reserving, however, to the use of the said W. H. 
Baer, his heirs and assigns forever, the full and perfect right 
and privilege of searching for, mining, procuring and tak¬ 
ing away by such ways and means as to the said W. H. 
Baer, his heirs and assigns, may seem fit and practicable, all 
the coal, iron ore, metals, limestone, fire clay and all other 
mineral substances whatsoever, whether solid or liquid, 
lying and being upon, under and contained within the sur¬ 
face of the land hereinbefore mentioned and described (ex¬ 
clusive of the three (3) acres around the buildings), and the 
necessary right of way for the full exercise of privileges as 
aforesaid: Provided , however , That the said W. H. Baer, his 
heirs and assigns, in mining and removing the coals, iron 
ore and minerals aforesaid shall do as little damage to the 
surface as possible. 

The coal became vested in the defendant, who mined it 
in such a way that the surface caved in. The court held 
that the plaintiff was entitled to recover. Paxson, J., after 
quoting the reservation, said:— 

“ It was urged that this language implies that some damage would 
necessarily ensue to the surface in mining the coal. But an absolute right 
to surface support is not to be taken away by a mere implication from lan¬ 
guage which does not necessarily import such a result. The owner of the 
coal had certain surface rights which were indispensable to the carrying 
on of his mining operations, such as the right to go upon the surface to 
make explorations for the minerals beneath, and bore holes, sink shafts, 
drifts, &c., and right to make roads and erect structures for taking out the 
coal. Hence it is a fair construction of the deed to say that in doing 
these things as little damage was to be done to the surface as possible. 
The provision referred to covers these matters, and as we have a subject 
to which it directly applies, it would be a strained interpretation of the 
deed to hold that it was intended to take away the right of surface sup¬ 
port.” 

In Nelson vs. Hoch, 1 Leg. Rec., 187, the owners of land 
made a lease of all the workable coal in a certain vein of coal. 
They subsequently laid out lots over the vein and sold the 
surface. Held, that the lessees could not remove all the coal, 
but must leave proper and sufficient support for the surface. 

In Lowry vs. Hay, 2 Walk., 23p (1885), it was held that 



DECISIONS—SURFACE SUPPORT. 


153 


the owner of a surface is entitled to actual absolute support, 
unless that obligation is distinctly waived. 

Heckscher vs. Shaefer, 12 Cent. Rep., 444 (1888), was an 
action of covenant by a lessee against the lessor for damages 
for a breach of covenant in a mining lease. The lease pro¬ 
vided that surface supports should be left. The plaintiff 
offered parol evidence for the purpose of reforming the lease 
to the extent of giving the plaintiff the right to remove all 
of the coal, irrespective of surface support. The court held 
that the evidence was properly excluded. 

In Gumbert vs. Kilgore, 6 Cent., 406 (1886), it was held 
that the owner of the coal is liable for an injury caused by 
the caving in of the surface, although a house of ordinary 
dimensions had been built upon the land, thus increasing 
the burden of support. 

Where a landlord superintends the mining of coal by a 
tenant, he is liable for repairs to a highway rendered neces¬ 
sary by a cave-in caused by the mining. In Little Schuyl¬ 
kill Navigation, Railroad & Coal Co. vs. Tamaqua, 1 Walk., 
468 (1860), Lowrie, C. J., said:— 

“A part of the road was destroyed bv the caving in of the ground, 
caused by the improper working of a coal vein of the defendant below, 
by their lessee, of the coal right; and the question is, whether the land¬ 
lord or the tenant is liable for the repairs. Undoubtedly, the rule is that 
the tenant alone is liable; for, usually, he alone can be chargeable with 
the misfeasance that causes it: Starr vs. Offerman, 2 Pa., 394. But in this 
case it is perfectly clear that all the mining, especially with relation to the 
pillars to support the surface, was planned and directed by the agents of 
the defendant below—the landlord; and therefore the general rule just 
stated does not apply to this case. Under such circumstances the landlord 
is clearly liable. It was entirely unnecessary for the court to say that 
the landlord was liable whether he gave the directions or not; for the 
fact that they were given is very clear on the evidence, and therefore we 
are not asked to affirm so broad a principle.” 

(b.) THERE IS NO CUSTOM WHICH PERMITS OWNER 
TO REMOVE SUPPORTS. 

In Pennsylvania there is no custom which permits 
the owner of a mineral estate to remove the supports 
and allow the surface to sink. 

In Horner vs. Watson, 97 Pa., 242 (1875), the question of 
the reasonableness of such a custom is carefully considered. 

Gordon, J., in delivering the opinion of the court, said : “ The rights 
of both the plaintiffs and defendants, who hold adjacent coal fields, are 
derived from a common grantor, James H. Hays. The title of the de¬ 
fendants antedates that of the plaintiffs, hence it is not controverted but 
that any right or privilege directly conferred by the deed or articles of 
Hays to the vendor of the former, or which, by necessary construction or 



154 


COAL MINING LAWS OF PENNSYLVANIA. 


implication, arises therefrom, must dominate any conflicting right or 
privilege found in the conveyance to the plaintiffs. They must take sub¬ 
ject to the precedent grant. If, then, the defendants, Horner, Wood & 
Co., had the right under their contract to withdraw all the coal found 
within their grant, without leaving any ribs, pillars or other supports to 
sustain the surface, it is clear that the subsequent vendees of the adjoin¬ 
ing tract took subject to such right, and of the consequent falling in of the 
superincumbent land, and the intrusion of the surface water into their 
works, they cannot complain. The whole question which we are re¬ 
quired to consider is raised from that part of the charge of the learned 
judge of the court below, wherein, after stating that the owner of a mine 
has a right to mine his coal in an ordinary way so long as that does not 
injure more than what necessarily arises from the removal of the coal, 
and that he would not be liable for the collection and flow, by reason of 
such mining, of subterranean water upon lower mines, he adds: ‘But 
otherwise where mining is done in such a manner (whether the ordinary 
way or not) as to introduce foreign water from the surface of higher land, 
by reason of the roof falling in and thus introducing water from the sur¬ 
face which would not have flowed in if the roof of the mines had re¬ 
mained undisturbed and compact after the coal was removed.’ This was 
responsive to the defendants’ second point, which fvas negatived, which 
required the court to charge that the defendants were not liable for the 
introduction of such surface water, if not occasioned by the willful and 
wanton acts of the defendants, but was a necessary consequence of their 
mining according to the ‘ approved, established and customary course 
and practice of mining in this region, and without any negligence in the 
operation of mining.’ The defendants thus endeavored to put themselves 
upon an alleged custom of the country, which permitted the withdrawing 
of all the supporting ribs and pillars of a coal mine and the consequent 
subsidence of the soil. Now, though, in our opinion, the contract cannot 
in itself be so construed as to warrant a withdrawal of all surface sup¬ 
port, yet if the custom contended for be established it follows that in 
the absence of any provision to the contrary it must govern and inter¬ 
pret the agreement of parties, as it would be presumed they acted with 
reference to such custom in framing their compact. But the learned judge 
who tried this case in the Common Pleas refused to recognize any such 
custom; in this we think he was right. This identical point was raised 
in Jones vs. Wagner, 16 P. F. Smith, 429, where it was held that of common 
right the mining right was servient to the surface to the extent of suffi¬ 
cient supports to sustain it, and that there could be no custom to the con¬ 
trary. The reason given for this conclusion was that the business of 
mining in the western part of the State was of a date too recent to give 
such a custom the age necessary for its validity. We are willing to go 
one step further and say, that the alleged usage lacks another essential 
feature of a coal custom, and that is reasonableness. It is not reasonable 
that that which the law grants as of comnon right should not merely be 
modified, but abrogated by custom or usage. When A. grants to B. a 
tract of land reserving the minerals under it, the legal presumption is 
that B. shall have and enjoy the exclusive and uninterrupted use of the 
surface, but if A. may, notwithstanding, under the plea of some general 
custom, dig out the foundation of the land and let down the surface, or 
render it so dangerous that it cannot be used, it is clear that he may thus 
destroy his own grant and invalidate the rights with which the law 
clothes his own vendee. 

> “This court, in Jones vs. Wagner, adopted the English decisions upon 
this subject, and as these decisions embody an experience in the business 
of mining much greater than our own, they are entitled to the greatest 
respect. So, when we consider the super-eminent importance of this in- 






DECISIONS—SURFACE SUPPORT. 


155 


dustry to the British Isles, we may be sure that the judiciary thereof 
would not wittingly deprive it of any of its just rights or privileges. 
Turning then to the decisions, we everywhere find that the plea of a cus¬ 
tom which would warrant the withdrawal of a proper support to surface 
land is treated as unreasonable and invalid. And first, with reference to 
the construction of the contract such as that now under consideration, we 
have in the case of Harris vs. Ryding, 5 M. & W., 60, a judicial exposition in 
point. In that case there was a grant of the surface, with a reservation in 
the strongest possible terms of all and every part of the mines and min¬ 
erals in the land. It was held, however, that the grantor could not with¬ 
draw all the coals without leaving a proper support for the surface; Baron 
Parke observing that by reasonable intendment, under the reservation, 
the grantor could only be entitled to so much of the mines below as would 
be consistent with the proper enjoyment of the surface. On the question 
of the validity of a custom tending to affect such intendment, we have, 
first, the case of Ililton vs. Lord Granville, 5 Ad. & El. (N. S.), 701. The 
declaration was in case, charging that the defendant dug his mines so 
near the plaintiff’s premises as to crack the ground, &c. The defendant 
pleaded a prescription to take the coals under any messuages, buildings 
or lands in the manor, and without liability for damages that might occur 
in the consequence of the taking thereof. Held, that such a prescription 
was void because unreasonable, and that custom, similarly pleaded, was 
void for the same reason; the objection being equally fatal to both. For 
a precedent for holding such custom bad, reference was had to the opinion 
of Willis, C. J., in Broadbent vs. Wilks, Willes, 360, in which it is said that 
the true objection to the custom pleaded was that it was uncertain and 
unreasonable, as it might deprive the tenant of the whole benefit of his 
land. Lord Denman, C. J., adds that a claim destructive of the subject- 
matter of the supposed grant cannot be set up by any usage, ‘ and that 
the prescription or custom here pleaded has this destructive effect and is 
so repugnant and void appears to us too clear, from the single statement, 
to admit of illustration by argument.’ Not less destructive to the grant¬ 
or’s reserved rights would be the custom set up in the case in hand, for 
not only would it defeat any use which he might otherwise have of the 
reserved surface, but, by introducing surface water, would be destructive 
of his adjacent mines. The next case to which we make reference is 
that of Humphries vs. Brogden, 12 Ad. & El. (N. S.), 739. The plaintiff 
charged in his narr. that the defendant carelessly, &c., and without 
leaving any pillars or supports, and contrary to the custom of the country 
in that behalf, so worked his mines as to crack open and to cause to sub¬ 
side the soil, &c. The plea was not guilty. The jury found the defend¬ 
ant had worked faithfully and according to the custom of the country, 
but without leaving sufficient pillars or supports. A verdict was entered 
for the plaintiff for £100 damages, with leave to move to enter a verdict 
for the defendant if the court should be of the opinion that, under these 
circumstances, the action wus not maintainable. Held, the plaintiff was, 
on this finding, entitled to judgment; for that of common right the owner 
of the surface is entitled to support from the subjacent strata. In deliv¬ 
ering the opinion of the court Lord Campbell, C. J., says that if the 
owner of the two adjacent closes should alien one of them, his alienee, 
without a grant to that effect, is entitled to lateral support eo instanle the 
deed is executed as much as after twenty years or any longer period, and 
that pari ratione, where there are separate freeholds of the surface land 
and the mineral, the former is entitled to support from the subjacent 
strata. For if this be not so the surface cannot be securely enjoyed as 
property, and that circumstances are conceivable, as the great thickness 
of the minerals and their proximity to the surface, under which it would 
be rendered wholly worthless. He then comes to conclusion that the 


156 


COAL MINING LAWS OF PENNSYLVANIA. 


rule giving the right of support to the surface upon the minerals, in the 
absence of any express grant, reservation or covenant, must be laid down 
generally without reference to the nature of the strata, or the difficulty of 
propping up the surface, or the comparative value of the surface and min¬ 
eral. The learned justice further adds that he is not aware of any prin¬ 
ciple upon which qualifications could be added to the rule, and that an 
attempt to introduce them would lead to uncertainty and litigation. . The 
case of Hilton vs. Lord Granville was cited and approved as sustaining 
the doctrine that the custom therein contended for was void because un¬ 
reasonable. The last case we have upon this subject is that of Blackett 
vs. Bradley, 1 B. & S., 940. 

“ In answer to the charge that they had w r rongfully and without leav¬ 
ing proper supports, so worked their mines under the plaintiff’s land as 
to cause it to fall in, the defendants pleaded title to the mines under the 
said land by virtue of the inclosure act, and further, that from time im¬ 
memorial up to the framing of said act the lord of the manor and his as¬ 
signs had been used and accustomed, as of right, to search for, win, and 
work the mines under the commons without leaving any support for the 
lands under which the said were situate, &c., and that from the time of 
the passing of the act the mines had been so worked without leaving any 
support, and that the defendants worked the mines under a lease thereof 
from the lord. On demurrer it was held that the plea was bad; such a 
prescription having been held invalid in Hilton vs. The Earl of Granville, 
5 Q. B., 701. Wightman, J., said during the argument of the demurrer 
to the fourth plea, which was framed under the act of 2 and 3 W., 4 ch. 
71, shortening the period of prescription : * If the custom is bad it cannot 
be made better under Lord Tenterden’s Act.’ The whole case was dis¬ 
posed of on the authority of the case last above cited ; Cockburn, C. J., 
remarking that some of the reasoning in that case had been overruled in 
the House of Lords in Rowbotham vs. Wilson, yet the decision itself re¬ 
mained unaffected. 

“These authorities, then, teach us that in whatever shape the plea for 
destruction of the surface right may come, whether as a prescription or 
custom, it is bad as tending to defeat the original grant. A distinction 
has been attempted between a grant of the surface by the owner of the 
whole fee, and a reservation thereof in his own favor as implied from the 
conveyance of the minerals alone. But this distinction is not sound. 
The right of support is ex jure naturae , hence, as no doubt can arise as to 
its character, it cannot come within the category of those ambiguities 
which must be construed most favorably for the grantee and most strongly 
against the grantor. So the very point is met in Jones vs. Wagner by a 
citation from Rodgers on Mining, page 455, where it is said : ‘If an owner 
of land grants a lease of the minerals beneath the surface with a power 
to work and get them in the most general terms, still the lessee must 
leave a reasonable support for the surface.’ ” 

c.) THE RIGHT TO SUPPORT MAY BE WAIVED 
IN THE DEED. 

The implied right of support to the surface may, 
however, be excepted from the grant by apt words in 
the deed, and where such exception has been made, 
the grantor or those who claim under him may mine 
all the coal, even though by such mining the surface 
may fall in. 



DECISIONS—SURFACE SUPPORT. 


157 


In Scranton vs. Phillips, 54 Pa., 15 (1880), the facts were 
as follows : Joseph Fellows was the owner of a large tract 
of land, of which the lot in question formed a part, under¬ 
laid with coal. While thus the owner of the fee, on the 
first day of May, 1860, he, by contract in writing, agreed to 
sell the lot on which the alleged damages was sustained by 
Emily E. Preston. After describing the lot, the contract 
proceeds: Excepting and always reserving all the coal 
beneath the surface of and belonging to said premises, with 
the exclusive right to the said Joseph Fellows, his repre¬ 
sentatives and assigns, to mine and remove the same by any 
subterranean process incident to the business of mining, 
and also to pass through the said premises by any subterra¬ 
nean passage to mine, and to remove the coal from any 
adjacent lands, without the right, however, to enter upon 
the surface of said premises for any purpose whatever.” Ten 
per cent, of the purchase-money was to be paid down, and 
the residue in ten annual installments. On the full payment 
of the purchase-money, Fellow's was to execute and deliver 
a good and sufficient deed in fee simple, “ reserving the coal 
and privileges above stated, and with full and unconditional 
release and discharge forever, on the part of the said party 
of the second part, her heirs and assigns, to the party of the 
first part, his heirs and assigns, from any liability from any 
injury that may result to the surface of the said premises 
from the mining and removal of the said coal; and with a 
quit-claim on the part of the party of the second part to the 
party of the first part, his heirs and assigns, of all right, 
title and interest in and to said coal, and the privilege of 
mining and removing the same as aforesaid.” She took 
possession of the lot soon after, and made some payments 
thereon. Probably early in 1861, the precise time is not 
shown, she transferred her interest under the contract to the 
defendants in error, who erected a church building thereon. 
They afterwards paid the residue of the purchase-money 
due on the contract, and on April 27th, 1867, Joseph 
Fellows conveyed the lot to them, “ excepting, nevertheless, 
and always reserving all the coal beneath the surface of 
and belonging to the said premises, with the exclusive right 
to the said Joseph Fellow's, his heirs and assigns, forever to 
mine and remove the said coal by any subterranean process,” 
as stated in the contract. “ To have and to hold the said 
land subject to the exceptions and reservations as aforesaid.” 
In the same deed, duly executed by the appellees, they also 



158 


COAL MIXING LAWS OF PENNSYLVANIA. 


did thereby grant and convey unto the said Joseph Fellows, 
his heirs and assigns, the exclusive and indefeasible right 
to mine and remove the said coal as aforesaid, to have and 
to hold the same unto the said Fellows, his heirs and 
assigns, forever. On the SOth July, 1860, while Emily Pres¬ 
ton held the equitable title to the surface, Joseph Fellows 
by indenture leased to said Scrantons, “ all the coal in and 
under said lot and other lands, for and during such term 
and period of time as shall be required therefore to mine 
and remove all said coal.” The lease further stipulated “ the 
said coal to be mined and taken out by said Scrantons in 
such manner as they may deem proper and according to 
their own discretion.” They are not to be responsible for 
the falling in of said mines or the surface of said lands in 
any case whatsoever, nor shall they be required to leave pil¬ 
lars or other supports to prevent the falling of the surface, 
or for any other purpose except under certain lands, includ¬ 
ing the lot in question, where “ the said Scrantons shall in 
mining leave such pillars and supports, as shall be deemed 
by those having experience in mining, to be sufficient to 
prevent the surface from falling in.” This lease was duly 
acknowledged at its date, and recorded not long thereafter. 
In mining under this lease the alleged injury was done to 
the surface, and the action was brought against both lessor 
and lessees and their representatives. 

The court held that the plaintiff could not recover. 

0 d .) RELEASE OF SUPPORT AS AFFECTING THE 
RIGHT OF EMINENT DOMAIN. 

A release from the owner of a surface, exempting 
the owners of the minerals from the obligation of sur¬ 
face support, does not bind the State, or its grantee, 
entering upon the surface under the power of eminent 
domain. 

In Penn Coal Co. vs. Versailles Gas Co., 131 Pa., 522 
(1889), Williams, J., said :— 

“ The coal companies are the owners of the coal under a large body of 
land in Westmoreland County, the surface of which belongs to others. 
In granting the coal the owners of the land released their right to the 
support of the surface, so that the coal companies have the right to re¬ 
move all the coal without regard to the effect of such removal on the sur¬ 
face. The gas company desires to lay its main line for the transportation 
of natural gas or fuel upon and across these lands. The transportation of 
natural gas has been declared a public use, and the right of eminent do¬ 
main conferred upon companies organized for the purpose of providing 




DECISIONS—SURFACE SUPPORT. 


159 


transportation for it, by the act of May 29th, 1885. The gas company ap¬ 
peal's to have entered lawfully upon the surface for the purpose of laying 
its line of pipe, and to have proceeded on the theory that the owners of 
the underlying estates in the coal were* not injured by their entry upon 
the surface, and had no right to be heard. The learned judge who heard 
the case adopted this view, and held that the gas company could not be 
required to give bonds to the coal companies for going over the surface 
which did not belong to them, but, nevertheless, sustained the plaintiffs 
bills, and made a decree regulating the manner in which the pipes should 
be laid on the surface, so as to guard against injury to the underlying coal, 
as well as it was practicable to do so. Just how these questions are recon¬ 
cilable it might be difficult to see. Our present inquiry relates to the first 
of them. 

“ If an entry had been made on these lands under the right of domain 
before the coal had been separated from the surface by sale, the corpora¬ 
tion making such entry would have acquired a right both to the surface 
and to the support of the surface by the underlying coal, or so much 
thereof as would be needed for that purpose. The loss in value to the 
tract by reason of the appropriation of part of the coal to the support of 
the surface is a proper subject for compensation by the viewers appointed 
to assess damages: Searle vs. Railroad Co., 33 Pa., 57 ; Reading, &c„ R. 
Co. vs. Balthaser, 119 Pa., 472. This is to be ascertained, not by a calcu¬ 
lation of the quantity of the coal, but by the effect of the appropriation on 
the tract as a whole. The railroad company, as was said by Lowrie, C. J., 
‘gets no title to the coal further than it is needed to support the surface,’ 
but they did acquire, beyond all question, the right to such support, 
without which the right to the surface would have possessed but little 
value. It was, so to speak, appurtenant to the surface, and was acquired 
with it. 

“ What is the effect of the severance of the coal from the surface ? If 
the sale of the coal be made in the usual manner, the purchaser takes it* 
subject to the burden of surface support, and cannot remove it without 
leaving a sufficient quantity to support the surface: Jones vs. Wagner, 66 
Pa., 429; Carlin vs. Chappel, 101 Pa., 348. An entry in that case upon 
the surface has the same effect as though made before the sale of the coal, 
and the right of surface support residing in the owner of the surface 
passes to the corporation when it appropriates the surface. If, in addi¬ 
tion to severing the coal from the surface by a sale the owner releases his 
vendee and the underlying estate from the obligation of surface support, 
the release is binding upon him, and those taking title from him, but it 
cannot bind the State, or its grantee, entering by virtue of the title para¬ 
mount residing in the sovereign. The right of eminent domain cannot be 
abridged or defeated by the contracts between private owners, or by the 
release of the owner of the surface. An entry by the State upon the sur¬ 
face is an entry upon the subjacent strata so far as they are necessary to 
support the surface for the purposes of the canal, railroad, pipe line or 
other structure to be built thereon.” 

The grantee of the Commonwealth taking surface 
under the right of eminent domain has a right to sup¬ 
port by the subjacent strata, but he may release the 
owner of the mineral from so much of the burden of 
support as is not necessary for the securing of the 
undertaking. 

In McGregor vs. Equitable Gas Co., 27 W. N. C., 197, 
(1890), a natural gas company entered upon lands which 




160 


COAL MINING LAWS OF PENNSYLVANIA. 


contained coal. On an appeal from the award of viewers, 
the land-owner claimed damage for the deprivation of the 
right to mine the coal required for the support of the sur¬ 
face. The company filed under objection a release of all 
damages that might accrue to it by reason of the mining and 
taking away of the coal. It was held that omission of such 
release was not error. Williams, J., said :— 

“ An entry upon land, made by virtue of the right of eminent do¬ 
main, confers a right to the surface supported by the subjacent strata. 
The grantee of the Commonwealth may insist on the full measure of sup¬ 
port which the law gives him, but it does not follow that he must do so 
because he can. He must pay for what he takes, but he ought not to be 
compelled to take and pay for what he does not need, nor to inflict an in¬ 
jury on the owner of the land merely because he has the power to do so. 
He may on the contrary and a proper regard for the rights of oth¬ 
ers requires that he should consider and determine, in view of the na¬ 
ture and uses of the structure he is about to put on the lands of the own¬ 
ers, what support he really needs, and release the owner from so much of 
the burden which his entry imposes, as it is not necessary for the security 
of the undertaking. 

“If he does not do this, he ought to pay, not the value of the coal in 
place, for the title to the coal does not pass to him, but the depreciation in 
the price of the property, by reason of the servitude imposed upon it. If 
he does not release the right of support from the coal or other mineral 
underlying the surface, then the owner may mine and remove it as freely 
and fully as though no entry had been made upon the surface, and for 
that reason it should not be taken into consideration in adjusting the 
damages due to the landlord. This was decided in the recent case of the 
Penn Gas Co. vs, Versailles Fuel Gas Co., 131 Pa,, 522.” 


II. TITLE TO COAL BY ADVERSE POSSESSION. 

Title to coal may be established by adverse pos¬ 
session for the statutory period. But the posses¬ 
sion necessary to give title must be shown by an 
actual mining of the coal, continuously for twenty- 
one years. It must be actual, exclusive, continued, 
peaceable and hostile. 

In Armstrong vs. Caldwell, 53 Pa., 284 (1866), the plaintiff 
claimed title by an adverse possession of the coal, continued 
for a period of more than twenty-one years. The jury re¬ 
turned a verdict for the plaintiff. On writ of error the 
Supreme Court held that the evidence of adverse possession 
was not such as justified the submission of the case to the 
jury. Strong, J., said 

“ It is, no doubt, the general presumption that a party who has pos¬ 
session of the surface of land has possession of the subsoil also, because, 




DECISIONS—TITLE TO COAL. 


161 


ordinarily, the right to the surface is not severed from the right to the 
strata below the surface. But this presumption does not exist when these 
rights are severed. Each then becomes a distinct possession. In such a 
case, the possession of the surface, following the right, is as distinct from 
the possession of the minerals or subsoil strata, which have been severed 
in right, as is the possession of one tract of land from that of another not 
in contact with it. Hence it is settled that when, by a conveyance or 
reservation, a separation has been made of the ownership of the surface 
from that of the underground minerals, the owner of the former can 
acquire no title by the statute of limitations to the minerals, by his ex¬ 
clusive and continued enjoyment of the surface. Caldwell vs. Copeland, 
1 Wright, 427. Nor does the owner of the minerals lose his right or his 
possession by any length of nonuser. Seaman vs. Vandrey, 16 Ves., 390; 
Smith vs. Lloyd, 9 Exch., 562. He must be disseised to lose his right, and 
there can be no disseisin by act that does not actually take the minerals 
out of his possession. There seems to be no reason why the statute of 
limitations should not be held applicable to all corporeal hereditaments, 
including those that are only sub-surface rights. The British statute 
of 3 & 4 Will., 4 c., 27, certainly is applicable to such rights, and it can 
hardly be said to be more comprehensive than ours. In Caldwell vs. Cope¬ 
land it was said that adverse possession of the mine, by the owners of 
the surface, for the statutory period, would avail as title. But such pos¬ 
session must be distinct from that of the surface. It is unaided by 
surface rights or surface occupancy. What, then, is adverse possession of 
the coal in a tract of land, in a case where the owner of the land has by 
deed severed the ownership of the coal from the ownership of the sur¬ 
face? Its nature cannot be changed by the fact that it is more difficult 
of enjoyment. Like adverse possession of every other corporeal heredita¬ 
ment, it must be actual (as distinguished from constructive), exclusive, 
continued, peaceable and hostile, for twenty-one years, in order to give 
title under the statute of limitations. There is no reason for adopting a 
less stringent rule. The owner of the surface can acquire title against 
the owners of the minerals underneath by no acts, or continuous series 
of acts, that would not give title to a stranger. If the owner of the 
coal mine is not in actual possession, and the owner of the surface, or 
any other person, digs pits or drives adits into the minerals and carries 
on mining operations there continuously for the statutory period, ad¬ 
versely to the right of any other, he may acquire a right. In such a case 
he takes actual possession of the entire body of minerals in the tract of 
land. Barnes vs. Manson, 1 M. & Slew., 77. He may therefore acquire 
a title to the whole. But inasmuch as there cannot be any residence 
upon the coal, or cultivation, without continual pedis possessio, or reten¬ 
tion of the hold upon the mine, there can be no ouster of the owner, and 
consequently no acquisition of the right. If one digs turves, or cuts 
wood, upon another’s land for his own family use, and if he even sells 
some of the turves he dug or the wood he cut to his neighbors, it is not 
pretended that he can acquire title to the land by such conduct, though 
repeated at intervals through the whole period of twenty-one years. Yet 
such acts are more notorious, and as much (if not more) a challenge of 
the owner’s right than is taking coal from a coal deposit, by the owner of 
the surface, for his family use and for the use of his neighbors. 

“The court below, therefore, erred in leaving to the jury to find that 
the plaintiff had acquired title to the coal by having taken out some of it 
for family and neighborhood uses, at intervals during twenty-one years, 
without any evidence that the taking had been constant and continuous. 
The learned judge seems to have had the impression that a less stringent 
rule is to be applied to possession of an underground corporeal heredita¬ 
ment than the law demands when the question relates to possession of 



102 


COAL MINING LAWS OF PENNSYLVANIA. 


the surface. He therefore intimated that there might be such a relaxa¬ 
tion of the rule, and left it to the jury to say whether there had been 
such a possession in this case as is requisite to give title by the statute. 
This was erroneous for two reasons. One has already been mentioned; 
and the other is, that it is for the court and not for the jury to determine 
Avhat kind of possession is necessary to give title by the statute. And we 
are unable to see any evidence of such adverse possession by the plaint¬ 
iff, or by his father, as justified the submission to the jury of the question 
whether Armstrong had lost his right.” 

In Caldwell vs. Copeland, 37 Pa., 427 (1860), an attempt 
was made to establish title in coal by an adverse possession 
of the surface, although there had been a prior severance of 
the title to the coal from that of the surface. Woodward, 
J., in delivering the opinion of the court, said :— 

“ That mines may form a distinct possession, and a different inher¬ 
itance from the surface land, has been long settled in England, as may 
be seen by reference to the cases cited in the two opinions heretofore 
delivered in this case, and reported in 7 Casey, 476 and 482. See also 
Barnes vs. Manson, 1 Maule & Sel., 84. 

“ It is a common occurrence in mining districts there, not only that 
the ownership of the soil is vested in one person, and that of the mines 
in another, but there are frequently distinct ownerships of the minerals 
in the same land. Thus, one person may be entitled to the iron ore, an¬ 
other to the limestone ; a third to one stream or stratum of coal, and a 
fourth to a distinct stratum. Title to any of these minerals, quite distinct 
from the title to the surface, may be shown by documentary evidence, or, 
in the absence of such evidence, or in opposition to it, title to them may 
be made out by proof of the possession and. acts of ownership under the 
statute of limitations. The acts of ownership, however, which constitute 
possession, and confer title, may be distinct from such as are exercised 
over the surface. Tymnith vs. Wynne, 2 Barn. & Aid., 554; Cullen vs. 
Rich, Bull. N. P., 102. And see the same case under the name of Rich vs. 
Johnson, 2 Strange, 1142. So entirely is a mineral right, after severance, 
a claim to land, and therefore not an incorporeal hereditament, that title 
to it cannot be acquired to it by prescription. Prescription lies only for 
incorporeal rights, not for land. It may confer a right to work a particu¬ 
lar mine, as it may confer a right of way across another’s estate, or a right 
to fish in another’s waters, but the title to the mine itself, like title to 
land, must be made out by documentary evidence, or under the statute of 
limitations. Wilkinson vs. Proud, 11 M. & W., 33, and the case therein 
cited. 

“ It used to be said that if a grant of mines be made without livery of 
seisin, the grantee would take only power to dig and work them. Touch, 
96. But now, by statute 8 & 9 Viet., c. 106, all corporeal hereditaments 
are declared, as regards the conveyance of the immediate freehold, to lie 
in grant as well as in livery. And from Chatham vs. Williamson, 4 East, 
476, and Wilkinson vs. Proud, above cited, it would seem that the law was 
so even before the statute was passed. 

“ The law of livery has never embarrassed our conveyancing in Pennsyl¬ 
vania. There is no more reason why mines in another’s land, whether 
opened or unopened, may not be held by a deed duly acknowledged and 
recorded, than why land in its most ordinary signification may not be so 
held. In other words, mines are land, and subject to the same laws of 
possession and conveyance. 

“But whether Caldwell conveyed to Greer the coal mines in his land, 




DECISIONS—SALE OR LEASE. 


163 


or only granted a license to enter and take coals, depended upon the con¬ 
struction of the deed above referred to of 27tli May, 1831, and that was 
carefully considered and fully decided in the opinions reported in 7 Casey. 
It- was then held that the deed was not a license, but a conveyance of the fee 
of the mine; that it was a grant of land and not of an incorporeal heredit¬ 
ament. That ruling is not questioned in the present case, and it is deci¬ 
sive against the plaintiffs action so far as it is founded on a possession of 
the surface. For no length of the possession of the surface merely could 
divest the title granted by that deed. Adverse possession of the mine by 
the owners of the surface, for the statutory period, would avail as title, 
but the case was not ruled below on this ground, and therefore we do not 
consider whether the evidence made out such a possession in the plaintiff 
and those under whom he claims. On the ground assumed, that posses¬ 
sion of the surface for more than twenty-one years was title to the mine, 
the court was clearly in error.” 

In Phoenix Iron Co. vs. Lewis, 7 Cent., 515 (1886), it was 
held that where the plaintiff in ejectment for nnmined 
mineral shows a good paper title, the fact that the defend¬ 
ant, who is entitled to the surface, has been in possession of 
the land for any length of time without taking possession 
of the mineral by mining it, cannot constitute an adverse 
possession as against the owner of the mineral right. 

In Ashman vs. Wigton, 20 W. N. C., 280 (1887), it was 
held that the possession of the surface of land gives no 
right to the coal below, where the coal and surface are dis¬ 
tinct estates, and that an intrusion by the owners of the 
surface into the coal below renders them trespassers. 


III. SALE OR LEASE. 

Although an instrument in writing may be termed 
a lease and the parties to it lessor and lessee, yet if 
there is granted a right to mine all the coal and 
remove the same, the instrument is really a convey¬ 
ance of a distinct estate in the land, and creates a 
divided ownership in the surface and the coal beneath 
the surface. 

(a.) CASES IN WHICH THE INSTRUMENT HAS BEEN 
CONSTRUED A SALE. 

In Caldwell vs. Fulton, 31 Pa., 475 (1858), there was a 
conveyance of a tract of land, with “the full right, title, 
and privilege of digging and taking away stone and coal, 
to any extent ” the grantee might think proper, from under 
an adjoining tract owned by the grantor. The court held 




164 


COAL MINING LAWS OF PENNSYLVANIA. 


that this was a conveyance for the entire ownership of the 
coal in place beneath the adjoining tract. Strong, J., in 
delivering the opinion of the court, said:— 

“ Coal and minerals in place are land. It is no longer to be doubted 
that they are subject to conveyance-as such. Nothing is more common 
in Pennsylvania than that the surface right should be in one man and 
the mineral right in another. It is not denied in such a case that both 
are land-owners, both owners of a corporeal hereditament. Our English 
ancestors, indeed, found difficulty in conceiving of a corporeal interest in 
an unopened mine, separate from the ownership of the surface, because 
livery of seisin was in their minds inseparable from a conveyance of land, 
and livery could not be made of an unopened mine. The consequence 
was, that they were disposed to regard such rights as incorporeal, though 
they are not rights issuing out of land, but the substance itself. In this 
State, however, livery of seisin is supplied by the deed and its registra¬ 
tion, and there is nothing incongruous in considering a grant of the sub¬ 
stratum a grant of land, as much as is a conveyance of the surface itself. 
It is often by far the most valuable, and sometimes embraces all for which 
the land is worth owning. Even in England, so long ago as the reign of 
James I., it was held that ejectment would lie for a coal mine. Comyn vs. 
Wheatly, Cro. Jac., 150. It was objected that it was beneath the soil, and 
that a habere facias could not be thereof; but the objection was disallowed. 
Yet ejectment cannot be sustained for an incorporeal hereditament, except, 
perhaps, in the case of a common appendant or appurtenant. With us, 
unfettered as we are by the necessity of livery of seisin, and abounding 
in mineral districts, I am not aware that it has been seriously doubted 
that the ownership of a coal bed or seam is a corporeal interest in land. 
Cases not unfrequently occur in which the owner of lands sells merely 
the surface right, retaining the minerals which lie in place below the 
surface. Now, as his whole interest was corporeal before the sale, and as 
by his deed only the surface passed, that which remains ungranted must 
be corporeal. This proposition needs no further argument, and it has not 
been questioned in the discussion before us. In Turner vs. Reynolds, 11 
Harris, 199, a plaintiff in ejectment was allowed to recover a coal mine 
which he had described in his writ as land, and this, though his title was 
under a conveyance to him, not of the tract of land, but of the coal. 

“ If, then, the ownership of the coal or other minerals in a tract of 
land may be vested in one person, while the right to the surface belongs to 
another, the next inquiry is, by what words it may be granted. There are 
two modes in which the subject-matter of a deed may be described, both 
equally potential. The one is by a description of the thing itself, as of 
land by metes and bounds, or by a known name, and the other is by a 
designation of its usufruct, or of the dominion over it. Thus a grant of 
the rents, issues and profits of a tract of land is uniformly held to be a 
grant of the land itself. Co. Litt., 4 b. Judgments abound to this effect 
in regard to devises, and though in wills and deeds the rules of construc¬ 
tion differ relative to words limiting the estate granted, yet they are the 
same of words describing the subject-matter of the grant. There are also 
cases of the same character to be found in regard to deeds. Thus it has 
been held that by the grant of a boilery of salt the land passes, for that is 
the whole profit. Co. Litt., 4 b.; or a mine of lead; 16., 6 a. So bv the 
grant of all growing trees. Cro. Eliz., 522. See also, 4 Mass., 266; Fish 
vs. Sawyer, 11 Conn., 545. The reason is that the grant of a thing can be 
no more than the grant of the full and unlimited use of it. So, too, the 
general power of disposal without liability to account is equivalent to 
ownership itself, it being the highest attribute of ownership, and a gift 



DECISIONS—SALE OK LEASE. 


165 


of the one necessarily carries with it the other. This is the doctrine of 
Morris vs. Phalen, 1 Watts, 389. 

“ Applying these principles to the case in hand, why was not the deed 
of Caldwell to Greer a conveyance of the coal in the land owned and 
occupied by the grantor? Because, says the plaintiff in error, it is not a 
grant of the thing itself, but of a right to take it, and until it is seised or 
taken the property in the thing remains in the grantor. But if the con¬ 
veyance of the whole use of a thing, and of the absolute dominion over 
it, is a grant of the thing itself, only differing in the mode of describing 
the subject, it is not easy to see what more Caldwell could have sold than 
he did. If, in another form of words, he had described the coal as the 
subject of the grant, Greer would have possessed no greater beneficial 
rights than were given to him by the form adopted. The ownership of 
the coal in the ground is but a ‘ full right, title and privilege ’ to dig and 
carry it away ; nothing more, nothing less. The words employed in the 
deed express absolute dominion, and complete enjoyment. These con¬ 
stitute property, and all that is understood in proprietorship.” 

In Sanderson vs. City of Scranton, 105 Pa., 469 (1884), it 
was held that a mining lease of “ all the coal beneath the 
surface of the tract,” with the right “ to mine the coal and 
remove the same/’ is a severance of the surface from the 
underlying strata, and creates a divided ownership in these 
distinct portions of the land. Mr. Justice Clark, in deliv¬ 
ering the opinion of the court, said :— 

“ The single question which arises upon the case stated, is whether the 
instrument of waiting, bearing date the tenth day of May, 1875, between 
George Sanderson and the devisees of Charles Robb, deceased, of the one 
part, and John Jermyn, of the other part, is a lease, properly so called, 
or virtually a sale of the minerals in place. What is termed a mineral 
lease is frequently found to be an actual sale of a portion of the land; it 
differs from an ordinary lease in this, that although both convey an in¬ 
terest in land, the latter merely conveys the right to its temporary use 
and occupation, while the former conveys absolutely a portion of the 
land itself. It is one of the essential properties of a lease that its duration 
shall be for a determinate period, shorter than the duration of the estate 
of the lessor, hence the estate demised is called a ‘term/ and neces¬ 
sarily implies a reversion. If the entire interest of the lessor is conveyed, 
in the whole or a portion of his land, the conveyance cannot therefore 
be properly regarded as a demise, but as an assignment. 

“ Upon examination of this instrument we find that the lease is not 
of the mine, with its approaches and appliances, and the right to use, oc¬ 
cupy and operate the same, but it is a lease of ‘all the coal beneath the 
surface of the tract/ with the right to mine the coal and remove the 

same. . . _ . 

“ The maximum quantity to be mined and removed in each year is 
unlimited, but the minimum average quantity is fixed and certain, and 
that minimum quantity must be ‘ paid for’ in each year ‘ whether mined 
or not.’ Provision is made for delays which may be caused from ‘ faults * 
found, casualties, want of adequate transportation, strikes of employes, 
&c. but these hindrances are only to afford temporary excuse for non¬ 
payment ; the rule of the contract is that sixty-five thousand tons of coal 
shall be paid for in each year, ‘ whether mined or not.’ The duration of 
the interest is not for any determinate period of time ; it is not for years, 
for life, or at will; ‘the true meaning of the lease/ as expressed therein, 




166 


COAL MINING LAWS OF PENNSYLVANIA. 


‘ is to make it perpetual until all the coal under the tract of land herein 
described is mined/ that is to say, it is a lease of the coal until no coal 
remains. In what respect, then, does this transaction lack the essential 
qualities of an actual sale ? The language of this lease is in most respects 
similar to that referred to in the case of Scranton vs. Phillips, 13 Norris, 
15, which was ‘ of all the coal in and under said lot and other lands for 
and during the term and period of time, as shall be required therefor, to 
mine and remove all said coal.’ The further stipulations bear a close 
analogy to the contract now before us. In delivering the opinion of the 
court in Scranton vs. Phillips, the present chief justice says: * Although 
called a lease it was virtually a sale of the coal, with unlimited time to re¬ 
move it, with the right at their election to yield it up, after the expira¬ 
tion of ten years,’ &c. It is certainly true that a lease, properly so called, 
always conveys an interest in the land, and in this respect it is to be dis¬ 
tinguished from a mere license: 11 Casey, 287; but where that which 
purports to be a lease conveys the whole interest of the lessor, it differs 
in no respect from a sale. Palmer vs. Edwards, 1 Doug., 187; note 2 
Black. Com., 317. When the purposes and objects of this instrument are 
perfected the coal will be exhausted and the lessor can have nothing by 
the reversion. It is true in general, that Jermyn covenanted to pay 
monthly for the coal, as it was mined, at the rate of twenty-five cents per 
ton, but he also agreed to pay monthly for a certain quantity whether it 
was mined or not, and the legal obligation to pay continued when all 
mining operations should cease. It cannot be said that Jermyn owned 
only the coal which he mined and paid for; it is true the payments were 
to be according to the yield of the mine, but the consideration of the con¬ 
tract depended upon the quantity of coal which the mine, upon measure¬ 
ment, might be found to contain, and that measurement was made as the 
mining progressed. The mere fact that the indenture contains a reserva¬ 
tion of rent, with the right of distress, will not change its legal operation 
and effect. 

“We are of opinion, therefore, that there was such a severance of the 
surface from the underlying strata, as created a divided ownership in 
these distinct portions of the land. It is the duty of the assessor in the 
several counties to take an account in the form directed by law, of all 
houses, lands, &c., and to assess the same at the rate or price for which 
they would sell, at a bona fide sale, after full public notice. Land has an 
indefinite extent, upwards as well as downwards, but the law recognizes 
horizontal divisions of land. A severance of the surface from the under¬ 
lying strata may be created, either by reservation or express grant; after 
severance a mineral right is an independent interest in land, it forms a 
distinct possession, is held upon a distinct title, and is as much the subject 
of sale, devise or inheritance, and of separate taxation as the surface 
land. Caldwell vs. Copeland, 1 Wright, 427.” 

In Lillibridge vs. Lackawanna Coal Company, Limited, 
which was decided on October 5th, 1891, and not reported 
at the time of the preparation of this volume, there was a 
lease of “all the merchantable coal” under the surface, 
“ with the sole and exclusive right to mine and remove the 
same.” The deed contained this habendum: “ To have and to 
hold the coal in and under said land unto the said party of 
the second part, its successors or assigns, until the exhaust¬ 
ion thereof under the terms of this indenture.” The court 
held that this was not only an absolute grant in fee simple 




DECISIONS—SALE OR LEASE 


1G7 


of all the coal under the surface of the tract, hut also of 
the space or chamber which the coal occupied. In this 
case a bill in equity was filed to restrain the defendants 
from removing coal belonging to them on another tract 
adjoining the tract in question, by moving the same through 
the chamber or space left under plaintiff’s land after the 
removal of the coal conveyed to the defendants. The plaint¬ 
iff conceded that under their deed the defendants had a fee 
in the coal, but that they had no title whatever to the cham¬ 
ber or space left after the coal had been removed. The 
defendant demurred to the bill. The lower court sus¬ 
tained the demurrer, and the decree was affirmed on appeal. 

Green, J., in delivering the opinion of the Supreme 
Court, said:— 

“ The proposition that the plaintiffs have a fee in the chamber or space 
left by the removal of the coal antagonistic to the right of the defendant 
to use it, is a novel one. No authority is cited to support it, and it seems 
quite incongruous with the admitted ownership and estate of the defend¬ 
ant in the coal displaced. Under all the decisions, the coal in place was 
absolutely owned in fee simple by the defendant. In a state of nature 
the coal necessarily occupied space. How could the defendant own the 
coal absolutely and in fee simple, and not own the space it occupied ? Or 
how is it possible to conceive of such a thing as the ownership of the 
space independently of the coal ? If the coal in place is a part of the 
very substance of the soil, more corporeal than the surface, as was said in 
Caldwell vs. Fulton, how can the law regard the space which the substance 
occupies as other than the substance itself? Of course such an idea is 
incapable of practical application except upon the theory that the coal is 
not a corporeal substance to be sold and delivered, but that only an incor¬ 
poreal right to remove it passes to the grantee under a conveyance. And 
such is the real nature of the appellants’ argument. It could not be other¬ 
wise. Certainly if such were the nature of the defendant’s right, the 
argument and the authorities cited in support of it would be applicable 
and of controlling force; but it is a sufficient reply to all of them to say 
that all the decisions are directly the other way and that they all establish 
that a conveyance of the coal in fee carries everything with it, just as 
fully and completely as a conveyance of the soil above. We said that in 
Caldwell vs. Fulton, ‘ It is a common thing in the mineral districts of 
Pennsylvania for the surface to belong to one owner, and the coal which 
it covers to another. Both the surface and the coal are held by deeds, 
executed and delivered, and recorded in the same manner; and there is 
no more reason for considering the coal an incorporeal hereditament, 
because it has not been opened, than there is for considering the soil such 
because it has not been plowed. Still less reason is there for calling it 
an incorporeal hereditament if the deed happened to describe the grant 
as a right to enter, dig and carry away all the coal, instead of describing 
the coal without the customary circumlocution. In all these cases, where 
the right rather than the thing is described, nobody is at a loss to know 
what is intended to pass. It is the thing that is bought and sold. And 
when that is a coal bed, it is an abuse of language, and an unnecessary 
application of legal distinctions, to call it an incorporeal hereditament.’ 
If then the coal in place is a pure corporeal hereditament, the title in fee 
simple to which* passes to a purchaser by apt conveyance, there would be 






1G8 


COAL MINING LAWS OF PENNSYLVANIA. 


no more propriety in claiming a title in the grantor to the space it occu¬ 
pies, than there would be in claiming a similar right in a vendor of the 
surface to the space developed by the vendee in digging the cellar and 
foundations of a house. We are altogether unwilling to adopt any 
such view of the right of the parties in either of such cases. By the 
necessity of the case the appellants argue that the defendant’s right in 
the chamber or way is only an easement, and then cite authorities that 
an easement can only be exercised to the extent of the grant. But as w r e 
have already seen this is in direct hostility to all the authorities on that 
subject. If the subject be further considered upon principle it will be 
found difficult to understand that any property right of the appellants is 
invaded by the action of the defendant. According to the averments of 
the bill the tunnel or way is cut through a vein of coal two hundred feet 
below the surface and is twelve feet high, and.it extends in the vein all 
the way from the one side to the other of the tract. In this way or cham¬ 
ber the plaintiffs, as owners of the surface, have no right or title. They 
have no access to it, they cannot use it, they are in no manner obstructed 
or injured by it. Nor can w r e understand how they are or can be injured 
in any other way. It is of no avail to say generally in the bill that they 
are injured. The injury must be stated specifically so that a court may 
know what it is. This is not done and we know not what the injury 
complained of is. How then can we enjoin the defendant? We are 
asked to enjoin against the removal of coal from the adjoining tract, but 
this is a matter with which the plaintiffs have no concern. They do not 
pretend to have any title or interest in that coal. They ask to enjoin 
removing that coal through the chamber or way made by the defendant 
through its own property, to wit, the coal sold to them by the plaintiffs. 
Why or for what reason should we do this ? The plaintiffs would gain 
nothing which they do not now have, if we did. No complaint is made 
in the plaintiffs’ bill of either the deprivation or injury of any right grow¬ 
ing out of the contract. The plaintiffs cannot possibly use any part of 
the space left by the removal of the coal, and hence they are not obstructed 
in the slightest degree. The right to use that space is exclusively in the 
defendant and that use is not, and cannot be, questioned by the plaintiffs. 
It is not alleged that the defendant has failed to perform any duty 
imposed upon it by the contract. We are bound to assume, therefore, 
that all the coal which the defendant agreed to take out or pay for each 
year has been taken out or paid for. In no circumstances would the case 
be a proper one for an injunction.” 

Sterrett, McCollum and Mitchell, J. J., dissented. 

In Montooth vs. Gamble, 123 Pa., 240 (1888), by an 
agreement in writing, coal under a certain tract of land, 
including shutes, tipple, sidings and cars, was sold and con¬ 
veyed, the privilege of mining and removing the coal to 
continue not longer than for a specified term, the coal then 
unmined to revert to the vendor. There was no covenant 
to return anything upon the premises connected with the 
works. The court held that the agreement was an absolute 
conveyance of the coal which should be mined, and that the 
vendee had the right to remove the shutes, tipple, sidings, 
cars and other appliances necessarily connected with the 
mining and transportation of the coal. 

In Del., Lack. & Western It. R. Co. vs. Sanderson, 109 Pa., 







DECISIONS—SALE OR LEASE. 


169 


583 (1885), Mr. Justice Trunkey, in construing the same 
instrument, said:— 

“ In this instrument the operative word of the grant is c lease,’ which 
signifies, to grant the temporary possession of the subject, but in another 
part it is provided how long that possession shall continue. ‘In con¬ 
sideration of the grant or lease aforesaid ’ the grantee or lessee agrees to 
pay a certain sum per ton; the mode of ascertaining the number of tons, 
the times of making payment, and the minimum quantity to be paid 
for annually, are well defined. The money to be paid is called ‘ payment.,’ 
‘ price or royalty,’ and ‘ royalty,’ but the meaning would be the same were 
the price to be paid for the coal called ‘ rent.’ The stipulated remedies 
in case of default in payment are consistent with either a sale or lease, 
but were the instrument a lease some of them would exist if not therein 
expressed. When the parties omit to name a term, do not create a lease 
at will, nor a lease for life, though much of their contract is expressed in 
words peculiar to a lease, the whole instrument must be taken into view 
to ascertain the intent. Where it is clear that the owner of a tract of 
land grants the right to take all the coal beneath the surface, and the 
grantee obligates himself to mine and remove all said coal, and to pay a 
certain price per ton each month for all coal mined, not less than a named 
quantity to be mined and paid for every year, the contract to be binding 
until all the coal under the tract is mined, and the rights, covenants, and 
obligations are made binding on the parties, their heirs and assigns, and 
executors and administrators, there is an actual sale of .the coal. It is 
none the less a sale, if the parties called the deed a lease, and styled them¬ 
selves lessor and lessee, and contracted that in case of non-payment of 
the royalty ‘the grantor should have the right of distress,or at his option 
the right to forfeit the grant.’ A deed on such terms is not a lease at 
will, nor for a term of years, nor for life. It cannot be limited to the life 
of the grantee, for should all the coal not be mined at the time of his 
death his rights and obligations do not die with him.” 

A written contract for a sufficient consideration, though 
not under seal, to convey to the vendee the right and privi¬ 
lege of digging all the ore on the vendor’s land is equivalent 
to a conveyance of the title to the ore in fee. Fairchild vs. 
Furnace Co., 128 P. S., 485 (1889). 

A demise of all the coal under the surface of a specified 
piece of land is a sale of the coal, and the sums becoming 
due by the lessee to the lessor as royalties are to be regarded 
as purchase-money of real estate and not as rents, and the 
husband of the deceased owner is not entitled to curtesy from 
such royalties. Fairchilds. Fairchild,9 Atl.Pep.,255 (1887). 

The grant of a right to mine coal in the land of the lessor, 
although in the form of a lease, is a sale of the land and not a 
mere license to take the coal. Hopes’ App., 33 P. L. J., 270. 

(ft.) CASES IN WHICH THE INSTRUMENT HAS BEEN 
CONSTRUED A LEASE. 

A contract for the privilege of mining coal without words 
of grant constitutes a lease. Oram’s Estate, 5 Kulp, 423. 



170 


COAL MINING LAWS OF PENNSYLVANIA. 


In Lazarus Estate, 6 Kulp, 53 (1890), Rhone, P. J., 
said:— j 

“Anthracite coal in place may be sold and paid for by the ton as 
mined ; owners of coal lands may also grant the right to mine coal for a 
term of years, the rent to be determined by the amount of coal mined 
and removed during the term. Whether the parties to a negotiation 
about mining coal have made an absolute sale of the coal, or a lease of 
the right to mine coal, is a question of intent subject to the rules of law, 
and such intent is to be determined by the written document which is 
evidence of the grant. So much, we think, is established law. Our 
learned auditor is of the opinion that the case before us is one of a sale 
of coal, and he has set forth his reasons in a very full and elaborate man¬ 
ner. We have, however, come to a different conclusion. In our judg¬ 
ment the parties before us only intend to make a lease of the right for 
and during the term of ninety-nine years and fully to be completed and 
ended on April 1st, 1970. The document made and executed by the 
parties is called a lease. The sum to be paid is called by them rent, 
which is payable quarterly on all coal mined each year at the rate of 
twenty-five cents per ton, stipulating for its collection by distress. The 
time within which the coal is to be mined and removed they have called 
a term. The lessors retained the former legal title, and the lease is not 
executed by the wife of at least one lessor. The thing granted is ‘ all the 
anthracite coal upon and under the premises, with the right and privilege 
of mining and removing the same ’ under certain conditions and restric¬ 
tions inconsistent with the idea of absolute ownership, such as that 
(article 2) the mining shall be conducted in a skillful and judicious man¬ 
ner, and all the merchantable coal in any seam they may operate shall be 
removed as they advance, leaving sufficient support for the roof, and con¬ 
ducting the business with care and upon the most improved principles 
of mining, and also that (article 7) the said parties of the first part shall, 
at all times during the continuance of this lease, have free and unre¬ 
strained access with their engineers, experts and agents to enter, inspect 
and survey the mining, and do such other acts and things as may be nec¬ 
essary for a thorough inspection and examination of the mines; and also 
that (article 8) the parties of the second part may assign this lease or sub¬ 
let the same, but no further assigning or sub-letting may be made by 
their assigns or sub-tenants without the written consent of the parties of 
the first part having been obtained. From the foregoing terms it will be 
seen that the grant is not for all the coal, nor is it exclusive. An addi¬ 
tional thing added is the privilege to make air-shafts upon the surface, 
using as little space as may be practicable, and this thing is a very essential 
part of the grant. In the face of all these conditions we think no one can 
conclude but the parties did intend to make a lease and not a sale of 
coal. The learned auditor does not conclude that the parties intended to 
make an absolute sale of the coal lands, but that the result of their nego¬ 
tiations amounts in law to such a sale, chiefly because a lease of all the 
coal to be mined and removed precludes the idea of a reversion, which is 
one of the essential conditions of a definition of a lease of lands. Here 
we met the only difficulties of the case. Our Supreme Court has laid 
much stress upon this part of the definition of a lease, but if this feature 
of the definition is to prevail with unlimited force in all cases there can 
be no lease at all of mineral lands, timber tracts, oil deposits, natural gas, 
sand-banks, clay pits or stone quarries. In the case of the mining of 
anthracite coal under this lease we think the learned auditor has failed 
to comprehend the full import of the grant, and consequently the character 
of the reversion. The mining is not to be done at the discretion of the 
lessees either as to time or manner. In both of these essentials they are 



DECISIONS—SALE OH LEASE. 


171 


subject to the terms imposed by the lessors. If the coal be not taken 
away within the term it may not be removed afterwards, although paid 
for. All the coal is not granted, for a sufficient quantity must be left for 
the support of the mine. All the coal in a seam shall be taken out as 
the mining progresses. The improved method of mining involves the 
leaving of the mine in such a condition that when it reverts to its own¬ 
ers it shall not be a mass of ruins, but a mine in good condition for 
future miners or otherwise. It has been found that empty mines have 
been found of great value to their owners as underground ways for ad¬ 
jacent mines, or for the purpose of draining , and ventilating adjacent 
mines. The thing expressly granted in this lease is not only all the coal, 
but also the right to mine and remove the same, and the right to open 
air-shafts through the surface. The reservations are the right of distress 
for non-payment of rent, the surrender of the mines built by the lessees, 
the coal unmined at the end of the term, as also the pillars, the air-shafts 
and the openings for hoisting the coal in good condition. To say that the 
mining df coal strips the land of its value may not be true as has been 
demonstrated time and again in the anthracite coal regions. The mine 
left in good condition may be worth more to the owner than he has real¬ 
ized from the coal mined and removed. * * * A large part of money 
expended in the operation of the mines will result in profits to the owner 
at the end of the term. To the end that the work of mining may progress 
satisfactorily to the lessors they reserve the right to examine the mines at 
pleasure, and to this extent they enjoy all the privileges of the landlord 
renting a tenement. So that the lessees had not the exclusive control 
over the things granted, and there is to be a regular reservation at the 
end of the term. Again, if parties choose to assume the relation of land¬ 
lord and tenant in the mining of coal, why prevent them from doing so 
even if that relation be inconsistent with common law definition of a 
lease ? Is there anything against public policy in allowing them to do 
so? If a new estate be established thereby does that fact in any way 
interfere with the established order of society in any other matter ? 

“ The establishment of separate horizontal estates in land in fee was a 
modern necessity, and when the vastness of the interests involved is con¬ 
sidered it seems to us that the relation of landlord and tenant, when 
assumed by the parties, ought to be maintained as a necessity. The leg¬ 
islature by a well-digested set of laws has provided for the mortgaging of 
such leasehold estates and collection of liens thereon erected. In the 
settlement of estates of decedents it w r ould seem to be a calamity in most 
cases to treat the interests of the so-called landlords as a mere chattel. 
As an interest in land the estate of such landlords is of great value on 
account of its permanence and its heretofore well-known character as 
such, but as a chattel its value becomes largely speculative. We doubt 
not the purposes of many decedents will be thwarted if the courts hold 
that the estates of such landlords as these is personal property only to be 
sold by the owner on a bill of sale or by an administrator after notice by 
hand-bills, and to be inherited as personalty. The confirmation of the 
auditor’s report in this case would result in disturbing the lien of millions 
of dollars, would set at sea an established mode of transfer of a multitude 
of estates known as coal leases, and would render such lands undesirable 
as investments—all to no purpose but to satisfy the ancient common law 
definition of a lease. The legislature has settled the title of lessees on the 
basis of an interest in land, and we have no doubt that the Supreme 
Court will maintain the title of this landlord as an interest in land rather 
than as a mere chattel. The legislature in 1889 did something to avert 
the consequences arising from the present current of judicial construction 
of perpetual leases, but that body cannot affect present mortgages nor 
change the law of dower and descent as to persons now married or 





172 


COAL MIXING LAWS OF PENNSYLVANIA. 


deceased. So it seems to ns that the law ought not to be extended any 
further at the hearing of counsel, for the legatees of Mrs. Lazarus laid 
much stress on the language of the ninth covenant, viz.: That the parties 
of the second part shall be liable for the payment of rent as hereinbefore 
named until all the available merchantable coal shall be mined upon the 
premises, and when this shall have been done this lease shall be ended, 
though the time may be less than that specified in the term. We do not 
consider that this clause provides for anything not before implied in the 
previous conditions, viz.: That the lease shall end if all the coal shall be 
mined before the expiration of ninety-nine years. It does not follow 
that under this clause the grant to mine is perpetual if necessary to mine 
all the coal after lessees have been paid the stipulated annual rent for 
ninety-nine years, they cannot be obliged to pay any more even though 
one-half the coal may yet remain unpaid for and unmined. We do not 
consider that there is any charm in the words ‘ all the anthracite coal on 
the premises,’ for it seems to us the same law would be applicable to the 
phrase, ‘ all the coal in seam number one,’ or one hundred tons -from the 
premises, for these lessees get no absolute ownership of coal until it is 
mined and removed. The phrase ‘ all the coal ’ is of importance in con¬ 
sidering the intent of the parties and not otherwise.” 

In Greenough’s Appeal, 9 Pa., 18 (1848), an agreement 
provided 11 that Thomas may have the privilege of taking 
coal out of the P mine, he paying to the respective owners 
thereof their respective proportions of the sum of twenty- 
five cents per cubic yard of coal so taken out, as rent for 
the said privilege.” The court held that the agreement 
provided for a rent for which distress might be made. 

A coal agreement that the lessee should enter on the • 
land of another to dig ore, erect buildings and pay fifty cents 
per ton for all ore removed, amounts to a lease where there 
are no words of demise. Moore vs. Miller, 8 Pa., 272 
(1848). 

A lease of the right to take all the coal beneath a tract of 
land does not necessarily confer the right to make more 
than a single opening. Trout vs. McDonald, 83 Pa., 144 
(1876). 

In Harlan vs. Lehigh Coal & Nav. Co., 35 Pa., 287 
(1860), it was held that a lease of a right to mine coal in 
the land of the lessor is the grant of an interest in the 
land, but that it does not imply a warranty that the land 
contains coal.. 


IV. TAXATION. 

A mineral right is taxable as land. Where there 
has been a severance of the coal from the surface, the 
owner of the surface and of the coal are each taxable, 
according to the value of their respective interests. 








DECISIONS—TAXATION. 


173 


In Sanderson vs. City of Scranton, 105 Pa., 469 (1884), 
Mr. Justice Clark said :— 

“ The owner of surface land can no more be held for the tax upon the 
mineral strata, after a severance, than can the owner of the mine be held 
for the taxes upon the surface. The case is certainly not free from doubt; 
the paper purports to be a lease ; provides for a forfeiture upon violation 
of its conditions; the price of the coal is denominated rent and the rem¬ 
edy for its collection is by distress. Yet the considerations we have 
stated have forced us to the conclusion that it was an actual sale, rather 
than a mere demise of the coal. The provision made for the payment by 
Jermyn of all ‘government imposts, United States, State, county and 
local taxes upon the coal mined under the lease, without recourse or claim 
on the parties of the first part to refund any part of the same/ is, we 
think, not important in the determination of this question. The mined 
coal is admittedly the property of Jermyn or his assigns, and why pro¬ 
vision was made for the payment of the taxes upon it is as difficult to 
explain upon the one hypothesis as it is upon the other. It follows 
without stating it that the purchasers of coal in place must pay the 
taxes upon it; to avoid uncertainty, however, as to the discharge of 
such burdens as there were, or thereafter might be, imposed upon the 
coal mined, this clause was doubtless inserted; in the 'event of a dis¬ 
tress levied for the rent this provision might become important in 
connection with the clause of forfeiture contained in the contract. The 
interest of John Jermyn under the contract, before suit brought, 
was assigned to the Delaware, Lackawanna and Western Railroad 
Company, and the president, managers and company of the Dela¬ 
ware and Hudson Canal Company; subject to their title, the land 
and the agreement had been conveyed and assigned to the defendants 
below. The former, we think, are liable to taxation for the coal, 
the latter for the surface according to the valuation of each, respect¬ 
ively.” 

In Del., Lack. & W. R. R. Co. vs. Sanderson, 109 Pa., 
583 (1885), it was held that where the owner of the land 
grants the right to take all the coal beneath the surface at 
a fixed price per ton there is an actual sale of the coal, and 
the grantee is liable for the payment of the taxes on the 
unmined coal. 

If, however, the grantor agrees to pay the taxes 
on the coal he is bound by his agreement. 

In Woodward vs. Delaware, Lackawanna and Western 
Railroad Co., 121 Pa., 344 (1888), the lessors “granted, 
demised, leased and to use and mine let ” all the coal under 
the premises described, with certain surface rights, at a 
certain rate per ton of coal mined, a minimum number of 
tons to be paid for each year, mined or not; it was provided 
that the lessees should pay all the taxes upon the sur¬ 
face occupied by them, and that the lessors should pay all 




174 


COAL MINING LAWS OF PENNSYLVANIA. 


the taxes upon the coal in the ground. The court held 
that although the lessees had become the owners of the 
coal, yet the lessors were bound to pay the taxes on the 
coal in place under the agreement in the lease. Gkeen, J., 
said:— 


“ Let it be granted that if the lease had said nothing in regard to the 
payment of the taxes upon the coal in the ground, the obligation to pay 
them would have followed the technical ownership, it boots nothing as 
against the positive agreement of the lessors to pay them. That agree¬ 
ment was not made to depend upon any technical aspect of the interest 
of the lessors in the coal. It was absolute, peremptory and without 
condition. In every matter of substance that interest is unchanged, cer¬ 
tainly in pvery pecuniary respect. But to impose the duty of paying 
these taxes upon the lessees is changing the contract, putting upon them 
a pecuniary obligation which they not only never assumed, but which 
they required should be discharged by the lessors. And this would result 
not on account of anything they have done or omitted to do, but simply 
because the law declares that the contract between the parties must be re¬ 
garded as a sale instead of a lease. Not that any of its terms are changed, 
but rather its name. In certain respects, of course, the difference of 
interest between a sale and a lease under this contract may become 
important. But these are peculiar to the lessors and those claiming under 
them, and with them the lessees have no concern. So far as the question 
of taxes is concerned, we can see no difference in the relations of 
these parties. We agree entirely with the learned court below in 
the conclusions reached by them, and in the reasoning by which 
those conclusions are supported. We cannot know, and have no 
right to assume, that if at the time the lease was made the parties had 
known that the contract would be held by the courts to be a sale 
instead of a lease any different provision would have been made in 
regard to the payment of these taxes. This being so, we would be 
entirely without warrant if we made a change in the contract in that 
respect.” 

In Heckscher vs. Sheafer, 17 W. N. C., 323 (1886), a lease 
of coal land contained a covenant on the part of the lessees 
to pay all taxes upon improvements. The court held that 
the lessees were bound by the covenant to pay the increased 
amount of taxes assessed upon the land by reason of its 
increased value in consequence of the erection of improve¬ 
ments upon it. 

In Miles vs. Canal Co., 140 Pa., 623 (1891); S. C., 5 Lane. 
L. Rev., 262, a lease of coal lands, reserving the surface 
until the merchantable coal shall be exhausted, provided 
that the lessor “ shall pay all taxes on lands hereby leased,” 
and the lessee “ shall pay all taxes on their buildings and 
improvements.” In such a case the lessors are liable for 
the taxes on both surface and coal in place, and the lessee 
having been compelled to pay them may retain the amount 
thereof out of the royalties. 




DECISIONS—RELATIONS OF OWNERS. 


175 


V. RELATIONS OF OWNERS OF DIFFERENT 

LEVELS. 


Where there are two owners working on different 
levels in the same vein, the owner of the upper level, 
operating with care, is not required to control the 
natural flow of the water downwards, and may work 
his coal out down to his line. 

See Phila. & Reading Coal and Iron Co. vs. Taylor, 5 
Leg. Gaz., 392; S. C., 1 Leg. Chron., 361. 

In the Locust Mountain Coal and Iron Co. vs. Gorrell et 
al., 9 Phila., 247 (1872), it was held that the owner of an up¬ 
per mine must use reasonable diligence to prevent the flow 
of water from his mine into a lower mine. The maxim sic 
utere iuo ut alienum non laedas applies to such a case. Agnew, 
J., said:— 

“ That underground rights cannot be exercised with exact regard to 
the rules which govern surface rights, must be admitted, for the conse¬ 
quences are not always visible or capable of being prevented. In mining 
beneath the surface some things must happen, as it were accidentally, 
which are not the results of negligence or willfulness. Hence I am not 
disposed to deny the general rule as stated by Cresswell, J., in Smith vs. 
Kendrick, 7 Manning Grag. & Scott, 62 Eng. C. L., 564, that it would seem 
to be the natural right of each of the owners of two adjoining coal mines, 
neither being subject to any servitude to the other, to work his own 
in the manner most convenient and beneficial to himself, although the 
natural consequence may be that some prejudice will accrue to the owner 
of the adjoining mine, so long as that does not arise from the negligent 
or malicious conduct of the party. But this is not to be accepted in 
too broad and unlimited a sense, nor be permitted to overturn the max¬ 
im sic utere tuo ut alienum non laedas in those matters where a proper at¬ 
tention to the rules of careful and ordinarily skillful mining would preserve 
the adjoining and even subjacent mine from damage. The case itself 
does not support the unlimited extent to which the argument for the de¬ 
fense seemed to carry the rule. During the argument in Smith vs. Ken¬ 
drick, Maule, J., remarked: ‘ Nobody suggests that an action will not lie 
for wrongfully turning water into another man’s mine.’ In the opinion 
of Cresswell, J., also, it is admitted that a man may cause water to flow 
from his own premises into his neighbor’s, so as to make himself liable 
to an action. Our cases of McKnight vs. Ratcliff, 8 Wright, 156; and 
Douty vs. Bird, 10 P. F. Smith, 48, seem to look in the same direction. 
The rule, therefore, is rather to be restricted, in relation to descending 
water, to that which finds its way in the subjacent mine unintentionally, 
as it were, on part of the superjacent miner, where in the course of prop¬ 
er and careful mining in taking out his own coal the water sinks below 
without negligence or malice on his part, even though in an increased 
quantity. In Bainbridge on Mines, chap. 10, sec. 3, Dallas’ ed., page 455, it 
is said that the law is founded on the natural assumption that water is 
the common enemy, which, neither open nor concealed, each owner must 
combat for himself; and upon another different, but consistent, princi¬ 
ple that each owner has the right to extract the greatest possible benefit 
from his property, and that if, in so doing, he injures his neighbor, he 


176 


COAL MINING LAWS OF PENNSYLVANIA. 


will not be liable to an action if his aots spring from no malice or mis¬ 
chief, and are simply consistent with a reasonable exercise of his own 
rights. This is substantially the same rule stated by Cresswell, J., in Smith 
vs. Kendrick, and it is chiefly taken by Mr. Bainbridge from that case, in 
which the two controlling facts were that the plaintiff had left no bar¬ 
riers in his own subjacent mine to keep out the water from above ; and 
the defendant had only worked out the coal upon his own land above, 
which before had served as a barrier to the water descending from a 
higher grade. Neither negligence in mining nor willfulness was imputed 
to the defendant. I cannot perceive, therefore, that the principles de¬ 
duced from the rules stated carry the right of the owner of the superja¬ 
cent mine beyond the admission of the consequences of his careful and 
skillful mining as lawful; and if a loss follow him from water, the com¬ 
mon enemy, it becomes merely damnum absque injuria. Hence, when 
water following the law of gravitation, after the removal of the coal in a 
careful and proper manner finds its way by percolation or through fis¬ 
sures unforeseen and unknown, into the lower mine, its owner cannot 
complain of it as an injury done by the owner of the upper mine. These 
principles find support in the opinions in Kaufmann vs. Griesener, 2 
Casey, 407; and Martin vs. Riddle, Ibid., 415. I incline to think, also, that 
the openings made before by a trespasser from the lower into the upper 
mine, and unexpectedly struck by the upper owner in mining, do not 
differ from natural fissures in the effect produced upon the lower mine. 
Though the owner of the lower mine may not be held responsible for 
the unlawful act of a tenant trespassing by making an opening from his 
into the upper mine, the owner of the upper mine is clearly not responsi¬ 
ble to the owner of the lower mine for the trespass committed by the 
tenant of the latter. But while such may be the consequence of careful and 
proper mining above, when the owner of the upper has made no opening 
into the lower mine I thiifk these consequences cannot be carried be¬ 
yond this limit, to authorize the upper owner to mine in disregard of the 
rights of the lower owner. Here the maxim sic utere iuo ut alienum non 
laedas should have its full play. This maxim was applied by the Su¬ 
preme Court in the case of Jones vs. Wagner, 16 P. F. Smith, 430, where 
a division of land was effected by a partition of the coal from the super¬ 
incumbent service land. It was held that the owner of the coal vein 
must have sufficient pillars to support the land above, and was lia¬ 
ble in damages for an injury to a house caused by the sinking of the land 
into the chasm beneath. The case is not exactly parallel with that of ad¬ 
joining owners who owe no special duty to each other, but still there had 
been a complete severance by partition of the coal from the land above, and 
the maxim was allowed its full force in settling the question of the duty. 
When, therefore, as in the present case, the miner in the upper mine, in 
carrying forward his gangway strikes into a breast which has been 
wrongfully worked by a trespasser upon the dip of his coal vein, he is 
not justified in emptying the water flowing down the drain or gutter of 
his gangway into the opening thus struck, if, by reasonable means, he can 
carry the water across the drain into the gutter or drain leading into his 
own sump. It is conceded this can be easily done by means of a wooden 
trunk stretched across the opening. Good mining requires the owner of 
every mine to ditch his ■ gangway and lead off the water gathering in it 
to his sump, and thus clear his mine of its enemy. There is no good 
reason, therefore, why the owner of the upper mine should suffer the 
flow of his gangway to run down upon the lower mine when by reasona¬ 
ble diligence he can prevent it. But it is argued that such means would 
be insufficient to carry through all the water in the case of a sudden over¬ 
flow, from heavy rains or melting snow upon the surface; and much 
would necessarily pass into the lower mine. But clearly this is no ex- 




DECISIONS—BOUNDARIES. 


177 


cuse for a total neglect to make provision for carrying off the ordinary 
How of water along the gangway, and for emptying it into the lower 
mine. Whatever might be the legal consequence of a sudden and extra¬ 
ordinary overflow in the mine, upon which no opinion is now called for, 
it cannot excuse the neglect to provide for carrying through the ordinary 
flow along the gangway. To adopt the principle that an upper owner is 
liable for no act done within his own mine and no neglect because it 
falls within his own proprietary right, would lead to results disastrous to 
mining in general, and could not be tolerated. There are duties men 
owe to each other below the surface of the earth as well as upon it. My 
conclusion upon the whole case, after hearing the new affidavits, is that 
the injunction should be continued, but in a modified form. 

“ It is therefore ordered that the defendant be restrained from skipping 
the pillars in the breasts, heretofore specified, until the report of the ar¬ 
bitrators appointed by the parties under the lease of the Hazel Dell mine 
shall be made; and after said report he shall be restrained from skipping 
the said pillars contrary to the said report and no more; and that the 
said report shall be procured to be made within twenty days from this 
date. That the defendant shall be restrained and enjoined from permit¬ 
ting the ordinary current of water flowing from his mine along his gang¬ 
ways towards his sump from escaping and falling into the openings lead¬ 
ing therefrom into the mine of the plaintiffs; and that this injunction 
shall stand until final hearing and decree, or until superseded or otherwise 
altered by the courts.” 

Where the owner of a lower level has a right in the na¬ 
ture of an easement to drive an air-way through the works 
of the owner of an upper level, the owner of the upper level, 
after he has worked out all of his coal and is about to aban¬ 
don his works, must give reasonable notice to the subjacent 
owner, and, on failure to do so, equity will restrain him from 
permitting the water to fill up so as to destroy the easement. 
Phila. & Reading Coal and Iron Co. vs. Taylor, 5 Leg. Gaz., 
392; S. C, 1 Leg. Chron, 361. 


VI. BOUNDARIES. 

Where a coal company is the common lessor of 
two adjoining mines, the respective lessees are 
not required to ascertain the dividing line at their 
peril. 

In Freck vs. Locust Mountain Coal and Iron Company, 
86 Pa., 318 (1878), the Locust Mountain Coal and Iron 
Company owned a basin of coal resembling the letter V. 
The northern part, called the south dip, was leased to Freck 
& Blackiston ; the southern side, or north dip, to Gorrell & 
Co. The controversy arose from the interference of the 





178 


COAL MINING LAWS OF PENNSYLVANIA. 


mines worked on the north and south dips. Mr. Justice 
Gordon, in delivering the opinion, said:— 

“ The line dividing these two leases was the middle line of this basin, 
or that from which the tw r o sides begin to ascend, called, technically, the 
synclinal axis. Either or both these parties had the right, under their re¬ 
spective leases, to take out all the coal down to this line. The coal com¬ 
pany was the common lessor of both parties, and hence the rules govern¬ 
ing adjacent mines, when owned by different owners, cannot’apply to the 
company plaintiff, for having the power so to do, if it neglected to protect 
itself by covenant it cannot plead rules, resulting ex necessitate rei, as 
against its own grant. It follows that if both parties, in strict accordance 
with the terms of their several leases, had worked down to the synclinal 
axis, they would have brought the two mines together, and so produced 
every result now complained of, except such as may have arisen from 
the criminal negligence of one or both of the lessees. The company, 
therefore, has no right to complain of the mere conjunction of these work¬ 
ings, for this is but the result of its own grant; and it follows that unless 
it can show some wrong done in the manner in which Freck conducted 
his workings, it has no standing to maintain this suit. Now, as there is 
no question as to the character of Freck’s work, so far as his own lease ex¬ 
tended, our inquiry must be limited to a single point, to wit: was the 
damage complained of the result of Freck’s willful trespass upon the ad¬ 
jacent lease? His southern boundary, the synclinal axis, could, by no 
human possibility, be ascertained until developed by the proper workings. 
Yet Freck had the right, under his lease, to go to that line, and this nec¬ 
essarily involved the further right of ascertaining this line by the best 
means in his power. It is here that the court below committed an error, 
in treating the case as one between distinct land-owners ; in such case the 
doctrine that the lessee must ascertain the dividing line at his peril would 
be correct, and though he passed over it with the best possible intentions, 
he would, nevertheless, be a trespasser. Not so, when lessor not only 
gives his tenant the power, but makes it his duty, to explore and mark a 
theoretical line upon his own premises. In such case the tenant cannot 
be treated as a trespasser if, in an honest attempt to ascertain that line, he 
should chance to pass over it; for the right to do what is necessary in 
order to find and fix that line is implied in the grant by which it is made 
a boundary. Freck had a right to ascertain his southern line, and if he 
did no more than was necessary for this purpose he was not a trespasser. 
The difficulties in the accomplishment of this result become apparent by 
a glance at the map before us, on which we observe the plottings for the 
synclinal axitf in no less than five different places. It is thus apparent 
that the true line, the one finally adopted, was only conclusively settled 
after Freck’s workings had enabled the engineers to ascertain its true 
location. 

• “But there was not a day, not an hour, during the progress of this 
work, when this company had not the power to put an end to these 
operations, on the discovery that the lessee was working beyond the 
bounds of his lease. 

“In that lease it had retained full supervisory powers ; the work was 
done under the constant inspection of its own engineer, and in case of dis¬ 
pute it had the power to settle all matters by arbitration. And if, under 
such circumstances, being fulljr and accurately informed of Freck’s opera¬ 
tions, it chose to stand by and permit him to prosecute his researches ac¬ 
cording to the best of his judgment, at the same time receiving the products 
of his labor as so much rent under the lease, by what rule of justice can it 
now treat him as a trespasser ? If we examine the notice of Mr. Stock- 
ett, the plaintiff’s engineer, dated April 21st, .1871, when'Freck’s gangway 






DECISIONS—REFUSE. 


179 


had already been driven south of what afterwards proved to be the true 
synclinal axis, we find two things worthy of observation: 1. He is notified 
not that his gangway but “ a part of the breasts turned on the south side 
of your east gangway of the second lift on the Mammoth Vein is beyond 
the limits of your lease.” 2. That “ the object of the notice is to prevent 
any infringement on the rights granted to the lessees.” Thus we observe 
that, even as yet the true position of the dividing line was not discovered, 
and that the defendant’s workings were not regarded as likely to prove 
injurious to the rights of the company, and he was warned only to avoid 
interference with the lease of the adjoining tenants. Then we have Mr. 
Stockett’s letter of the same date to the president of the company, de¬ 
tailing the conversation he had with Freck and his mining boss, Will¬ 
iams ; the confidence they expressed that there was another south dip 
between the breast referred to and the adjacent lease of Gorrell & Co., 
and his own opinion, that whilst this was possible it was not proba¬ 
ble. Thus the company, by its own officers, was put into possession of 
every detail, not only by Freck’s doings, but of his intentions and opin¬ 
ions, and if it trusted him, without remonstrance or caution, to proceed 
with his experiments in good faith, we cannot see why it should com¬ 
plain of the result.” 

In Ashman vs. Wigton, 20 W. N. C., 280 (1887), a con¬ 
tract as to coal land gave the grantees all the coal on the 
northwest side of a gangway to be constructed. The court 
held that the grantees by making a gangway, determined 
the boundary line to their right under the contract. 

A mining company is responsible for the negligence of 
its engineer in mining beyond the land of the company. 
In such a case the measure of damages where the trespass 
is •committed ignorantly is the value of the ore in place. If 
done wantonly, vindictive damages may be imposed. Blair 
Iron Coal Co. vs. Lloyd, 1 Walk., 158 (1874). 


VII. REFUSE. 

Refuse matter usually belongs to the lessors. 

In Correll vs. Freidensville Zinc Co., 2 Northampton, 
309 (1888), it was held that the refuse matter from a mine 
belongs to the lessors. See also Doster vs. Zinc Co., 140 
Pa., 147 (1891). 

In Erwin’s App., 20 W. N. C., 278, it was held that the 
refuse resulting in the preparation by washing of iron ore, 
afterwards found to be valuable for the manufacture of 
paint, although it contained iron, did not pass by a grant of 
the exclusive"right to mine and remove iron ore. 





180 


COAL MINING LAWS OF PENNSYLVANIA. 


VIII. DESTRUCTION OF SPRINGS. 

The owners of the minerals are liable for the de¬ 
struction of a spring where the injury is due to a 
failure to properly support the surface. Where, 
however, the injury to a spring is caused by ordinary 
mining operations leaving sufficient support, the 
owner of the coal is not liable. 

See Gumbert vs. Kilgore, 1 Cent., 406 (1886). 

In Trout vs. McDonald, 83 Pa., 144 (1876), it was held 
that the destruction of a spring, if a necessary incident in 
mining under a lease, is damnum absque injuria. 


IX. POLLUTION OF STREAMS. 

In Pennsylvania the operator of a coal mine may 
pump the water which percolates into his mine into 
a stream which forms the natural drainage of the 
basin in which the mine is situate, although the 
quantity of the water may thereby be increased and 
its quality so affected as to render it unfit for do¬ 
mestic purposes by the lower riparian owners. 

In Pennsylvania Coal Company vs. Sanderson, 113 Pa., 
126 (1886), Clark, J., said:— 

“ It must be conceded, we think, that every man is entitled to the or¬ 
dinary and natural use and enjoyment of his property; he may cut down 
the forest trees, clear and cultivate his land, although in so doing he may 
dry up the sources of his neighbor’s springs or remove the natural bar¬ 
riers against wind and storm. If, in the excavation of his land, he should 
uncover a spring of water, salt or fresh, acidulated or sweet, he will cer¬ 
tainly not be obliged to cover it again, or to conduct it out of its course, 
lest the stream in its natural flow may reach his neighbor’s land. It has 
always been considered that land on a lower level owes a natural servi¬ 
tude to that on a higher level, in respect of receiving without claim for 
compensation by the owner, the water naturally flowing down to it. In 
sinking his well, he may intercept and appropriate the water which sup¬ 
plies his neighbor’s well: Acton vs. Blundell, 12 M. & W., 324; Wheatley 
vs. Baugh, 1 Casey, 528; Haldeman vs. Bruckhart, 9 Wr., 514; or if his own 
well is so close to the soil of his neighbor as to require the support of a 
rib of clay or of stone on his neighbor’s land, to retain the water in the 
well, no action will lie against the owner of the adjacent land for digging 
away such clay or stone, which is his own property, and thereby letting 
out the water: Wh. on Neg., 939. He may to a reasonable extent jure 
naturae divert water from a stream for domestic purposes, and for the irri¬ 
gation of his land: Messinger’s Appeal, decided October 5th, 1885. 





DECISIONS—POLLUTION OF STREAMS. 


181 


“ So, also, each of two owners of adjoining mines has a natural right 
to work his own mine in the manner most convenient and beneficial to 
himself, although the natural consequence may be that some prejudice will 
occur to the owner of the adjoining mine: Smith vs. Kendrick, 7 C. B., 
505. One mine owner may thus permit water, naturally flowing in his 
own mine, to pass off by gravitation into an adjoining or lower mine, so 
long as his operations are carried on properly and in the usual manner: 
Bainbridge on Mines, 297. To the same effect are Wilson vs. Waddell, L. 
R., 2 Appeal Cas., 95; Crompton vs. Lea, L. R., 19 Eq., 115. 

“ The defendants being the owners of the land, had a right to mine 
the coal. It may be stated as a general proposition, that every man has 
the right to the natural use and enjoyment of his own property ; and if, 
whilst lawfully in such use and enjoyment, without negligence or malice 
on his part, an unavoidable loss occurs to his neighbor, it is damnum 
absque injuria, for the rightful use of one’s own land may cause damage to 
another without any legal wrong. 

“ Mining in the ordinary and useful forms is the natural user of coal 
lands ; they are, for the most part, unfit for any other use. ‘ It is estab¬ 
lished,’ says Cotton, L. J., in West Cumberland Iron Co. vs. Kenyon, 11 
L. R-, 6 Ch. Div., 773, ‘ that taking out mineral is a natural use of mining 
property, and that no adjoining property can complain of the result of 
careful, proper mining operations.’ In the same case Brett, L. J., says: 

‘ The cases have decided that where that maxim {sic utere tuo ut alienum 
non laedas) is applied to land property, it is subject to a certain modifica¬ 
tion ; it being necessary for the plaintiff to show, not only that he has 
sustained damage, but that the defendant has caused it by going beyond 
what is necessary in order to enable him to have the natural use of his 
own land.’ L. R., 11 Ch. Div., 787. 

“The right to mine coal is not a nuisance in itself. It is, as we have 
said, a right incident to the ownership of coal property, and when exer¬ 
cised in the ordinary manner, and with due care, the owner cannot be 
held for permitting the natural flow of mine water over his own land 
into the water-course by means of which the natural drainage of the 
country is effected. 

“There are, it is well known, percolations of mine water into all 
mines; whether the mine be operated by tunnel, slope or shaft, water 
will accumulate, and unless it can be discharged, mining must cease. The 
discharge of this accidental water is practically a condition upon which 
the ordinary use and enjoyment of coal lands depends; the discharge of 
the water is there for part and parcel of the process of mining, and as it 
can only be effected throughout natural channels, the denial of this right 
must inevitably produce results of a most serious character to this, the 
leading industrial interest of the State. 

“ The defendants were engaged in a perfectly lawful business, in which 
they had made large expenditures, and in which the interests of the en¬ 
tire community were concerned; they were at liberty to carry on that 
business in the ordinary way, and were not, while so doing, accountable 
for consequences -which they could not control; as the mining operations 
went on, the water by the mere force of gravity, ran out of the drifts and 
found its way over the defendant’s own land to the Meadow Brook. It is 
clear that for the consequences of this flow, which, by the mere force of 
gravity, naturally, and without any fault of the defendants, carried the 
water into the brook and thence to the plaintiff’s pond, there could be no 
responsibility as damages on the part of the defendants.” 

See also Long vs. Trexler, 8 Atl. Rep., 620 (1887). 

But a person who bores for oil or gas is responsible for 
an injury to a neighboring water well, arising from the 




182 


COAL MINING LAWS OF PENNSYLVANIA. 


commingling by his well of salt and fresh water percolating 
underground, where such injury was plainly to be anticipated 
and was preventable by the exercise of reasonable care at a 
reasonable cost. Collins vs. Cliartiers V. Gas Co., 131 Pa., 
143 (1889); Collins vs. Cliartiers V. Gas Co., 139 Pa., Ill 
(1890). 


X. ROYALTIES AS INCOME OR PRINCIPAL. 

Royalties which are the price of the coal in place 
and which are not paid merely for the use of the land 
by a tenant, are a part of the corpus of the estate, and 
not a profit or rent issuing out of it. 

In Duff’s Appeal, 21 W. N. C., 491 (1888), Williams, J., 
said:— 


“ The instrument under whose provisions it has been paid is called a 
lease, but the royalties to be paid under it have none of the qualities of 
rent. They certainly are the price of the coal in place. They are not 
paid for the use of the tract by a tenant, but for the price of the chief 
article of value in it by a purchaser. Every ton of coal mined reduces 
the mine in value, and when the mines upon it are exhausted the security 
for the mortgage debt is also exhausted. That royalties are part of the 
corpus of the estate, and not a profit issuing out of it, was held in Cald¬ 
well vs. Fulton, 31 Pa., 475. See also Sanderson vs. City of Scranton, 105 
Pa., 169.” 

The rents and royalties arising from an actual 
lease of coal land are income and payable to the 
life tenant. 

In Shoemaker’s Appeal, 106 Pa., 392 (1884), a testatrix 
by her will devised land to a trustee for the use of her 
grandson during life, and gave the trustee power to lease 
the land “for coal mining purposes.” The trustees leased 
“ all the coal and veins or strata of coal in, under and upon ” 
the land referred to “ for such term as may be necessary and 
required to mine and remove all the workable coal in and 
under said lands” for a specified annual rent or royalty. 
The court held that the rent was income payable to the life 
tenant. To the same effect are Wentz’s Appeal, 106 Pa., 
302 (1884); Jones vs. Strong, 5 Kulp, 7; Eley’s Appeal, 
103 Pa., 300 (1883); McClintock vs. Dana, 106 Pa., 386 
(1884). 




DECISIONS—RIGHTS OF LIFE TENANT. 


183 


XI. RIGHTS OF LIFE TENANT. 

A tenant for life, when not precluded by restrain¬ 
ing words, may work an opened mine to exhaustion. 

In Neel vs. Neel, 19 Pa., 323 (1852), Lowrie, J., said:— 

“ As to all tenants for life, the rule has always been that the working 
of open mines of all sorts is not waste. The tenant for life has the 
usufruct of the whole land, and takes the whole profit that can be 
derived from it in following out the use made of it by the donor.” 

In Irwin vs. Covode, 24 Pa., 162 (1854), a tenant for life 
under a will, sold to a coal company all her right, title, and 
interest to the coal in the land, without limit as to the 
quantity of coal to be mined. The court held that estrepe- 
ment did not lie in favor of the remainderman to restrain 
the company from working for sale a mine which had been 
worked by the testator in his lifetime for the use of his farm 
and for the sale of coal in the neighborhood. To the same 
effect are Griffin vs. Fellows, 32 P. F. Smith, 114 (1873); 
Kier vs. Peterson, 41 Pa., 357 (1861). 

To entitle the tenant for life to a right to use the 
coal, mines must have been actually opened on the 
land. 

In Westmoreland Coal Company’s Ap., 85 Pa., 344(1877), 
a person had a life interest in two different tracts separated 
by an intervening tract owned by another. There was an 
opening on one of the tracts in which the life tenant had an 
interest, but not on the other. The court held, that the 
tenant for life mining under the unopened tract was guilty 
of waste. Mercur, J., in delivering the opinion of the 
court, said:— 

“ The rule is well settled that it is not waste in a tenant for life to 
work open mines. When not precluded by restraining words, such a 
tenant may work them to exhaustion. Kier vs. Peterson, 5 Wright, 357 ; 
Neel vs. Neel, 7 Harris, 323; Irwin vs. Covode, 12 Harris, 162. 

“It may be conceded that the term mine, when applied to coal is 
generally equivalent to a worked vein, for by working the vein it becomes 
a mine; it therefore follows that if a mine be opened and worked, the 
tenant for life may pursue that vein to the boundaries of the tract on 
which it is found. Here the attempt is made to enlarge the rule, and to 
pursue it further. It is contended the right to mine is not limited or re¬ 
stricted to the particular tract or body of lands on which the mine had 
been opened; but extends to a body of lands entirely separated and 
removed from the other; that if a vein of the same quality and character 
extends from the former land to the latter, it constitutes one mine, 
although it has never been opened on the latter land. To this conclusion 
we cannot assent. If the rule would apply in this case where the parcels 



184 


COAL MIXING LAWS OF PENNSYLVANIA. 


of lands are one mile apart, there is no limit to the distance the tenant 
may pursue it, short of the termination of the vein. If she has the right 
to open the vein on the distant tract by pursuing it underground, she 
would have a right to reach it by sinking a shaft on that tract. If she has 
a right to the coal, she is not restrained to the one manner of reaching it. 
Hence it would follow that the tract might be dotted over with openings, 
when none existed before. Neither tract is appendant or appurtenant to 
the other. If she had a life estate in the distant tract only, the fallacy of 
claiming a right to remove the coal therefrom would be most manifest. 
The unanswerable reason would be that the mine on that tract had never 
been opened.” 


XII. PARTICULAR LEASES CONSTRUED. 

(a.) PAYMENT OF RENTS OR ROYALTIES. 

In Guth’s App., 2 Cent. Rep., 767 (1886), the lease of a 
mine provided that the lessee should have the exclusive 
privilege to dig, mine and take away all iron ore and all 
other minerals which are or may be found in or upon the 
lands described. The lessees covenanted “ to deliver to the 
said party of the first part, or his heirs or assigns, the one- 
sixth part of all the iron ore * * * which they may 

mine or dig or cause to be mined or dug, in or upon said 
land.” The court held that in the absence of a covenant 
as to the amount of ore to be mined, the lessees were bound 
to use reasonable diligence in the operation of the mine. 

In Garman vs. Potts, 135 Pa., 506 (1890), a lease pro¬ 
vided that the lessee should mine iron ore “at the rate of 
fifteen hundred tons per annum, on an average, provided 
the iron ore can be advantageously mined.” The lessee did 
not mine and carry away fifteen hundred tons of ore in 
any one year. The court charged that the defendant was 
not liable under the lease unless the ore could be advan¬ 
tageously, that is, beneficially, conveniently, profitably and 
gainfully mined. On appeal, this instruction was sustained, 
Paxson, C. J., saying:— 

“ The court gave to the word, * advantageously,’ its common and pop¬ 
ular meaning. It is not a technical word or term of art, and the parties 
must have been presumed to have used it in its known sense. As before 
observed, it was for the relief of the lessees; hence, if the mining was no 
more advantageous to them, they had a right to cease their operations. 
After defining, as we think properly, the meaning of the word, the court 
submitted to the jury the question whether the defendant could further 
work the mine to advantage, and they found specially that he could not. 
This settles the question of fact adversely to the plaintiff. It is observed 
that the cost of getting the ore to the market was not allowed to enter 






DECISIONS—PARTICULAR LEASES CONSTRUED. 185 


into the case. It was only the cost of the ore at the mouth of the mine 
tnat went to the jury. Surely, if it was not worth as much there as it 
cost to mine it, the defendant could not mine it advantageously to him¬ 
self however beneficial it might be to the plaintiff. We must take this 
contract as the parties haye made it; they might have stipulated for a 
amerent rule; it is our duty to construe the lease according to its plain 
meaning.” & r 

The lease of a slate quarry providing a forfeiture for 
not working the quarry for three consecutive months; held, 
that a forfeiture would not be incurred by failing to remove 
slate during a period when it was necessarily interrupted by 
the removal of water, snow and ice in the quarry to make 
it possible to reach and remove the slate. Miller vs. Slate 
Co., 129 P. S., 81 (1889). 

In a suit on a contract laid in the declaration as both ex¬ 
pressed and implied, by parties tenants in common of land, 
to work the mines thereon and pay to another tenant in 
common his share of the profits, the parties working the 
mines are bound to pay their cotenants some portion of the 
money realized by the sale of their joint property, and it 
is the province of the jury to determine how much they 
should pay. Southwest Coal & Coke Co. vs. Warden, 1 
Atl. Rep., 421 (1885). 

In Buhl vs. Thompson, 3 Penny packer, 267 (1882), a 
coal lease provided that the lessee should enter and search 
for coal, and should pay to the lessor, inter aUa, “ $2000 
each year after the expiration of the said eighteen months 
during the continuance of this indenture,” and the lessee or 
“his assigns shall have the right to abandon such lands 
and mining and remove all the buildings and fixtures.” It 
further provided that the lessee should “ pay the first party, 
her legal representatives or assigns, the sum of thirty cents 
for each ton (twenty-two hundred and forty pounds) of 
merchantable coal mined and removed,” and that the pay¬ 
ments, “ $2000 as aforesaid, when made, are to apply to the 
rent of coal first mined thereafter, and such yearly pay¬ 
ments cease whenever the second party or his assigns aban¬ 
dons this agreement.” The court held that the payments 
were due until the lease was abandoned, notwithstanding 
they amounted to more than the royalty for the entire coal 
in the land. 

In a lease of an ochre mine the lessees covenanted to 
mine certain qualities of ore per annum, to pay certain roy¬ 
alties therefor, and that “if any of the covenants above 
mentioned should not be complied with for the term of 





186 


COAL MINING LAWS OF PENNSYLVANIA. 


three months, then the above lease to be null and void. 
The lessees being still in possession after a failure to pay 
for royalties for the period provided, the lessor had an ade¬ 
quate remedy at law, in assumpsit for the arrears, or in 
ejectment for the land, and could not maintain a bill in 
equity to enforce a forfeiture of the lease. Hannah Hock 
vs. Albert Bass, 133 Pa., 328 (1890). 

In Bestwick vs. Ormsby Coal Co., 129 Pa., 592 (1889), 
certain persons who owned the coal under a tract of land 
but had no interest in the surface, conveyed the coal for a 
certain royalty per ton. The grantees covenanted to mine 
and remove four thousand tons of coal yearly, or pay for 
the same as though mined. The contract further provided : 
“ The party of the first part also grant and convey to the 
said second party, their heirs and assigns, the right of way 
through, over or under said land to transport coal from ad¬ 
jacent land.” It was also provided that the grantees “shall 
have the right to abandon this contract and yield up said 
coal mine and privileges at any time they shall determine 
in their judgment that said coal is in quantity, quality or 
condition no longer mineable with economy and profit.” 
The court held that the grantees were bound to pay the 
annual royalty so long as they retained possession and 
use of the right of way, and that they were not excused 
from payment by the fact that all the coal except the 
ribs had been removed, the grantors having the right to 
have all the coal removed. 

(6.) RIGHT OF INGRESS AND EGRESS. 

Where a deed for land excepts and reserves all the coal 
under the same with mining privileges, the grantor or his 
assigns as owners of the coal is entitled to the use of the 
pit mouth for mining and a road over the surface for trans¬ 
portation of the coal. Rankin’s App., 1 Mona., 308 (1888). 

In McCracken vs. Gumbert, 131 Pa., 36 (1890), the owner 
of land sold all the coal under it, reserving the red coal at 
the outcrop and six acres of the blabk coal for the support 
of the farm buildings and for domestic purposes. With the 
coal he conveyed, in express terms, all the rights and privi¬ 
leges of mining with the right to make drifts, air-holes and 
pit mouths for ventilation and drainage, and the right of 
way for railroads over the surface at the crossing of ravines; 
also, the privilege of “ forever hereafter running their coal 



DECISIONS—PARTICULAR LEASES CONSTRUED. 187 


from other lands through the entries and railways made and 
used in taking out the coal above granted.” The topog¬ 
raphy of the coal was such that the coal in an adjoining 
tract could be brought to the entries referred to only by 
means of a railway, crossing a ravine and passing into an 
opening made through the outcrop at the rear of the ven¬ 
dor’s lands. The court held that the right to bring other 
coal to the entries made in taking out the coal which was 
sold, was authorized, as a necessary incident, by the grant 
of the right to transport it through those entries. 

(c.) MISCELLANEOUS. 

In Hill vs. Del. & Hudson Can. Co., 2 Cent., 786 (1886), 
the lessees of a coal mine agreed to furnish the lessor’s sons, 
owners of the surface, “a good quality of coal for their 
own domestic use in reasonable quantities as they should 
require.” One of the sons conveyed his interest in the 
land, expressly reserving right to the coal. Subsequently 
there was a sheriff’s sale of his interest in the land and the 
company thereafter refused to deliver to him coal for his 
domestic uses. The court held that he had no right of 
action for the refusal to furnish the coal. 

In Davis vs. Maxw r ell, 5 Kulp, 351, a bill was filed for 
specific performance of a contract to make a coal lease of 
certain land belonging to the defendant. After filing the 
bill the plaintiffs moved for an injunction to restrain the 
defendant from boring for coal on the premises pending the 
suit. It appeared that the plaintiffs, in consideration of the 
option granted to them, had agreed to make certain tests, 
and that they had failed to carry out their agreement. The 
court held that the plaintiffs were not entitled to the injunc¬ 
tion. 

In Kille vs. Reading Iron Works, 47 Leg. Int., 464 (1890), 
it was held that the measure of damage for breach of con¬ 
tract to accept a mining lease is the difference between the 
stipulated compensation for taking out the ore and the value 
of the ore in place which the party had the right to take 
out but left unmined. 

A lease, “with every privilege of mines or minerals,” 
gives the right to open new mines. Providence Trustees 
App., 2 Walk, 37 (1884). 

In Weakland vs. Cunningham, 7 Atl. Rep, 148 (1886), a 
deed contained the following reservation : “ Excepting the 




188 


COAL MINING LAWS OF PENNSYLVANIA. 


profits of one-half of all the stone coal, and of all other 
kinds of mineral, which may be discovered at any time 
hereafter.” It was held that this was a reservation of the 
corpus of all such coal and mineral in place. 

In Dunham vs. Haggarty, 110 Pa., 560 (1885), the 
grantor conveyed all the bituminous coal and minerals 
under certain land together with all the necessary mining 
rights and privileges for which the grantee covenanted “ to 
pay twenty-five cents for each and every ton of twenty-one 
hundred and fifty pounds screened coal so mined by him.” 
The court held that the grantee was not obliged to pay for 
slack taken and sold by him. It was also held that the 
words “ screened coal,” meant such coal as would pass over 
the customary screen in general use in the region where the 
mine was situated. 

In Reed’s App., 7 Atl. Rep., 174 (1886), Staib was lessee 
of Baird, under a lease, of certain coal land at a certain 
royalty per bushel of coal. This lease was, by an amicable 
agreement, forfeited, and a lease was subsequently made 
to the Harlem Coal Company of which Staib was the 
known agent. Baird knew of the existence of the partner¬ 
ship, and recognized it. He afterwards filed a bill against 
Staib for an account. It was held that Baird having recog¬ 
nized the Harlem Coal Company, he could not recover from 
Staib. 

A power given to executors to lease or sell coal gives the 
life tenants the same rights over unopened mines that they 
would have had if the mines had been opened and operated 
in testator’s lifetime. Eley’s Appeal, 103 Pa., 300 (1883). 

In the sale of coal lands, an intention to deceive and a 
false statement, even on a material point, will not annul the 
bargain, unless the statement was the means of producing 
the sale. Thomas vs. Hendrick, 1 Kulp, 281 (1882). 

In Heilman vs. Weiman, 139 Pa., 143 (1890), the plaintiff 
operated a coal mine on the north side of a road, under a 
written lease from the defendant. He also made a parol 
agreement with the defendant that if he could find coal on 
the south side of the road, the defendant would lease to him 
eight or ten acres thereof, for as long as it would last, at a 
certain rental. The plaintiff found coal on the south side 
of the road, and made expenditures to mine it on the faith 
of the parol agreement. The defendant then refused to 
execute the lease, and ordered the plaintiff to cease work. 
The court held that the parol agreement was an independ- 




DECISIONS—PARTICULAR LEASES CONSTRUED. 189 


ent contract, and that the defendant was entitled to recover 
damages. 

In Lawrence's Appeal, 78 Pa., 365 (1875), a railroad com¬ 
pany acquired a right of way over land underlaid with coal 
under proceedings begun in December, 1862, and a release 
from the owner dated November 2d, 1868. On January 1st, 
1868, the owners of the land leased the coal to the defendants. 
On a bill to restrain the defendants from mining coal under 
the right of way a perpetual injunction was awarded. The 
court said:— 

“The railroad company had actually appropriated the land, and built 
and used its railway long before any title by lease of the coal mines had 
vested in the defendants. This is admitted in the answer. The owner 
of the land made no objection to this appropriation, but after a proceed¬ 
ing to assess the damages had been prosecuted, finally compromised and 
released. The title of the railroad company came not through this pro¬ 
ceeding, but by its original entry and appropriation without objection. 
The release operated not by way of an original conveyance but by way 
of a discharge for the damages incurred by the entry and construction 
of the railway. It is clear, therefore, that when the defendants obtained 
their lease they took it subject to the previous easement and right of way 
of the railroad company over the surface. The railroad was then in law¬ 
ful existence and use. The owners made no defense to the right of the 
railroad company to appropriate the land, and their tenants cannot set up 
a defense which they waived, if they had any.” 









































































4 































. 

' 

































' 





















































































INDEX. 


I’agk 

Abandoned collieries, maps of. 11 

Abandoned parts of mines, examination of. 39 

Abandoned slope to be fenced . 22 

Accounts as between tenants in common. 126 

Acknowledgment of mortgages. 122 

Adverse possession, title to coal by. 160 

Adjoining lands, condemnation of openings through.14,71 

Adjoining owners shall leave pillars . 12 

Agreement to pay taxes by grantor of mineral interest. 173 

Air bridges, how built. 35 

Air measurements, how made. 35 

Report of. 35 

Air, minimum quantity of.33,68 

Air passages, how separated. 34 

Area of. 34 

Allegheny County, drainage of coal lands in. 89 

Ambulances, provision for. 27 

Construction of. 27 

When need not be provided. 28 

One for two collieries. 28 

Use of railroads instead of. 29 

Anemometer, for measuring air currents. 35 

Anthracite region, payment of wages in. 102 

Laws relating to.2-63 

Appeals, from decrees in equity. 127 

From justices in wages cases. 99 

From inspector to quarter sessions. 78 

Appliances for escape. 15 

Arbitration, when may be had. 53 

Board of arbitration. 53 

Assignments of future wages invalid. 102 

Preferences for wages in case of. 100 

Of wages. 109 

Assistant mine foreman, when employed. 38 

Assumpsit, on default on mortgage. 120 

Bituminous region, method of paying wages in. 104 

Laws relating to . 63-84 

Blasts not T to be fired in certain mines. 41 

Rules as to.24,25 


(191) 










































192 


INDEX. 


Page 

Blasting’, examination after blast. 46 

Qualification of blaster. 46 

Inexperienced miners not to blast. 46 

Tamping bar must be tipped with soft metal. 45 

Charge which has missed fire not to be withdrawn. 45 

Match not to be shortened. 46 

Notice of blast. 46 

Board of examiners of inspectors, in anthracite region . . 3 

Appointment of. 3 

Composition of board. 4 

Power to engage clerk. 4 

Compensation and mileage. 4 

Notice of examinations. 4 

Recommendations to be published. 4 

Names of applicants and questions published. 4 

For mine inspectors in bituminous region. 72 

For mining boss. 79 

For miners. 57 

Bodies entombed, proceedings to compel recovery of. 84 

Boilers, provisions relating to.. . 25,26 

Must be inspected. 25 

Position of. 25 

Must have safety-valves and steam-gauges. 25 

Bonds of inspectors in bituminous region . .*. 76 

Bore holes to be kept in advance of face. 70 

Boundaries, duties of lessors as to. 177 

Maps to show.10,63 

Boys not to be employed in mines.32,81 

How age determined. .... 32 

Brakes to be attached to drums.23,66 

Brattice, to remove gas. 46 

Breakers, heating of. 49 

Not to be erected within two hundred feet of opening .... 16 

Dust in. 44 

Definition of. 56 

Brushing, gas not to be removed by. 46 

Buckets, coal must be raised in. 24 

Number of persons to ride in, at one time.. 25, 67 

Bumpers must be sufficient to keep cars separated twelve inches, 49 

Buried bodies, proceedings to compel recovery of. 84 

Bushel, weight of. 104,106,108 

Cages, hand-rails and safety catches for. 23 

Must be available when there is no second outlet. 13 

Must be connected with safety-hook. 24 

To have proper protectors. 23 

Carbon County, assignment to inspection district. 2 














































INDEX. 


193 


Page 

Carriers, not to engage in mining. 1 

Cars, coupling of. 48 

Empty cars to be hoisted after engine has been idle for one hour, 47 

Jumping on, forbidden. 47 

Must be given to the number of men prescribed by the rules . 49 

Riding on loaded car forbidden. 42 

Safety blocks on. 48 

To be run only by suitable persons. 48 

To be uniform and branded. 105 

Casing 1 , for shaft. 24 

Certificates of miners. 59 

Of mining boss. 79 

How replaced when lost. 31 

Of mine foreman. 29 

Forgery of. 31 

False statements in. 31 

Form of, for mine foreman.29, 31 

Fees for. 31 

Chain, quality of.23, G6 

Check-weighman, in bituminous region. 106 

Cleaned coal, payment for. 108 

Clerk, power of examiners to engage.. 4 

Clerks, of mining districts. 63 

Inspectors to'make returns to. 61 

Records of. 61 

Office of. 62 

Removal of. 62 

Qualifications. 62 

Coal lease mortgages, wages preferred to. 99 

Coal mine defined. 56 

Coal, payment for all cleaned coal. 108 

Taxation of. 172 

Title to, by adverse possession . 160 

Warrants for coal under rivers. 95 

Colliery defined. 65 

To be inspected. 8 

Employing more than ten persons subject to anthracite act . . 2 

Columbia County, assignment to inspection district. 2,3 

Common carriers not to engage in mining. 1 

Companies, mining, under act of April 21st, 1854.130-148 

Compensation of examiners . .'. 4 

Of inspectors. 6 

Of examiners of inspectors in bituminous region. 74 

Of member of board of examiners of mine foremen. 30 

Of miners’ examining boards. 57 

Conciliation, tribunals of.112-119 















































194 


INDEX. 


Page 

Condemnation of additional openings.14,71 

Of underground ways.90,91 

Constitution of 1874, provisions relating to mining. 1 

Contractors defined .. 56 

Coroner, duties of . . .... 77 

Costs, for correcting inaccurate maps.11,64 

Of injunction proceedings. 76 

Of investigation of charges against inspectors. 8 

Of investigation of accident. 77 

Cross-cuts, how closed.. ■ 34 

Custom as to removal of supports. 153 

Cut-throughs to be made. 69 

Damages for illegal mining. 86 

Right of action for. 55 

Dauphin County, assignment to inspection district. 2, 3 

Death, notice of. 51 

Preferences in case of, for wages.98,101 

Right of action for damages. 55 

Deed, waiver of right of support in. N . 156 

Definition of terms ... . . 56 

Deposition of fire boss as to his experience. 32 

Deputy inspectors, appointment of. 6 

Dissolution of board on failure to agree. 4 

Districts, bituminous region to be divided into eight districts . . 74 

Doors, mode of hanging. 70 

Must close automatically.;. 34 

Main doors must have attendant. 35 

How main doors shall be placed. 35 

Extra main door. 35 

Framework of main doors. 35 

Drainage of mines. 87 

Pollution of streams. 180 

Drains, extension of, on another’s property. 87 

Drums to have brakes. 23 

Duplicate surveys, when shall be made. 12 

Dust in breaker .,. 44 

Duties of inspectors.6, 7, 8 

Districts, mines divided into. 34 

Inspection. 2 

Mine in two districts subject to inspector in whose district 

mouth of the mine is situated. 7 

Readjustment of. 7 

Edwardsville in fourth inspection district. 3 

Egress and ingress, provisions in leases as to. 186 

Electric battery, when to be used in blasting. 25 












































INDEX. 


195 


Page 

Eminent domain. See Condemnation. 

Release of support as affecting right of. 158 

Employes in mines evolving gases . 49 

Employment of boys and females.32, 81 

Engineer, qualifications of . ...26,42 

Must work engine slowly. 42 

Must be in constant attendance on hoisting apparatus .... 42 

Entombed bodies, proceedings to compel recovery of. 84 

Equity, jurisdiction of, as to mines.125,128 

Jurisdiction of, as to mining companies’ mortgages. 125 

Escape, appliances for.15,66 

Estrepement, for illegal mining. 87 

Evidence, copy of mortgage as. 122 

Record as. 122 

Conviction or acquittal under anthracite act not evidence in 

action for damages. 55 

Examinations, notice of. 4 

Examination of miners. 57 

Examiners for mine foremen, board of, composition of. . 29 

Of mine inspectors in bituminous region. 72 

Composition of board. 73 

Meetings. 73 

Oath. 73 

Certificates. 73 

Qualifications of candidates. 73 

Of inspectors, appointment of. 3 

Of mining boss in bituminous region. 79 

Executions against mineral lands. 130 

Preferences for wages, in case of. 101 

Expenses of inspectors does not include board bill. 75 

Explosives not to be stored in mine. 45 

Care of. 45 

Handling of. 45 

Storage of. 45 

Extensions to appear on maps.10,64 

Fan drift, when may be erected. 16 

Fees, allowing fees in injunction proceedings. 77 

For registration of miners. 59 

For recording mortgages. 123 

Females not to be employed in mines.32, 81,85 

Fences around shafts, slopes and. entrances. 22 

Fencing of machinery. 71 

Fines, disposition of, under anthracite act. 55 

Fire boss, experience of. 32 

To stand at danger stations. 40 

To examine mine for gas. 58 













































196 


INDEX. 


Page 

Fire, carrying forbidden. 44 

Fire damp .. 68 

Fireman, duties of. 46 

Flanges to be provided. 23 

Footman, duties of.. 47 

Foreman, mine. See Mine Foreman. 

Furnaces prohibited for the purpose of ventilating. 33 

Gas, extinguishment of. 46 

Not to be removed by brushing.. 46 

Abandoned parts of mine to be kept free from. 34 

"Withdrawal of workmen when gases are found.40, 68 

Safety-lamps must be used where there are. 40 

Governor, appointment of inspectors by.5,74 

Gravity roads, manner of operating. 48 

Guard rail, stairs, &c., to have. 26 

Guides for buckets. 24 

Gunpowder. See Explosives. 

Hand-rails for cages . 23 

Headman, duties of. 47 

Hoisting’ machinery in bituminous mines. 66 

Hoisting of persons. 42 

Hospital at Hazleton. 28 

Indictment, nothing in anthracite act to bar . .. 54 

Income, royalties as. 182 

Inflammable structures, not to be erected near openings ... 16 

Ingress and egress, provisions in leases as to. 186 

Injunction, at suit of inspectors..52, 77 

To prevent trespass. 87 

Injured persons, removal of. 28 

Injuries, malicious, to mines. 86 

Inlet air-passages, separated by pillar from return passages . . 34 

Inquests, provisions relating to.50, 51, 77 

Qualification of jurors. 51 

Insolvency, preferences in case of, for wages .. 98 

Inspection districts, allotment of counties. 2 

Inspection of mines. 8 

Inspectors, appointment by governor.. . . . 5 

Removal. 5,8 

Age, citizenship, and experience of. 5 

Must be sworn . 5 

Shall have modern instruments. 6 

Salary . 6 

Deputies . 6 

Residence. 6 

Duties.6, 7,8 













































INDEX. 


197 


Page 

Not to be pecuniarily interested in colliery. 8 

Charges against inspectors. 8 

Vacancies. g 

Costs of investigation. 9 

Duties as to maps. 9 

Continuance after expiration of term. 9 

Duties of, in bituminous region. 76 

Maps of, open to inspection. 12 

May enter mines at all times. 76 

Qualifications of. 74 

Appointment of. 74 

Bonds of. 76 

Reports of.70,83,85 

Shall be members of board of examiners of mine foremen . . 29 

Suit by, for injunction. 52 

To receive annual report from owner, &c. 52 

To receive copy of maps. 10 

To be notified in case of loss of life.50,51,77 

Duties of, in case of accidents .50,77 

Coroner shall adjourn inquest if inspector is not present ... 50 

Coroner to notify inspector in case of neglect. 51 

Violation of anthracite act by. 55 

What matters he shall be informed of by owner. 51 

Instruments for air measurements. 35 

For ventilators . 36 

Of inspectors.5,6,75 

Jurisdiction of equity as to mining companies’ mortgages ... 125 

As to mines.125-128 

Kingston, in fourth inspection district. 3 

Lackawanna County, assignment to inspection district .... 2 

Lateral underground railroads. 94 

Lease of coal. 163 

What instruments shall create a lease of coal. 169 

Mortgage of, in Schuylkill County.121,123 

Particular leases construed.184-189 

Payment of rents and royalties. 186 

Provisions as to ingress and egress in coal leases. 186 

Lebanon County, assignment to inspection district. 2,3 

Levels, relation of owners of different. 175 

Lien of mortgage as affected by judicial sale. 123 

For wages. 97 

Life tenant, rights of, as to mines. 182 

When rents are payable to. 182 

Local laws regulating mining forbidden. 1 

Locomotives, speed of. 47 

Prohibited in certain passages. 48 












































198 


INDEX. 


Page 

Loitering* about machinery forbidden. 26 

Luzerne County, partition of mineral lands in. 128 

Assignment to inspection district. 2 

Machinery, injury to. 71 

Not to be oiled by person under fifteen years of age. 26 

To be covered. 26 

To be fenced. 71 

Malicious injuries to mines. 86 

Mandamus to compel recovery of entombed bodies. 84 

Map, changes to be recorded on maps.10, 64 

Copy of map to be kept at colliery. 10 

Copy of map to be given inspector. 10 

Duties of inspectors as to maps.. 9,63 

Of abandoned collieries. 11 

Owner shall have map made . . ..9,63 

What maps shall show.10,63 

Ownership and custody of. 12 

Inspectors’ map open to inspection. 12 

Neglect of owner to make.11,64 

Correction of inaccurate maps .11,64 

Penalty for furnishing inaccurate maps.11, 64 

Matches not to be used in certain mines. 41 

Measurements of air, how made. 35 

Meetings of examiners, of inspectors in bituminous regions ... 73 

Of miners’ examining boards. 58 

Mine defined . 56 

Division into districts. 24 

Inspection of.39,40 

Mine foreman, how certificates obtained. 29 

Form of certificates of.29,31 

Must be notified of need of props, &c.. 36 

Penalty for operating without a. 31 

To visit mines when workmen are at work. 41 

Must examine slopes, shafts, &c., daily. 41 

To have general charge of the mine. 37 

Cannot delegate his powers... . 39 

Mineral lands, partition of, in Luzerne County. 128 

Execution against. 130 

Miners, examination of. 57 

Who may be employed as. 57 

Miners’ examining board, term of service of. 57 

Compensation of. 57 

Organization of. 57 

Members to be sworn. 58 

Vacancies. 58 

Place of meeting. 58 















































INDEX. 


199 


Page 

Registration of miners by.. 58 

Duties of board. 59 

Certificates. 59 

Reports. 59 

Mining* boss, qualifications of. 80 

Must have certificate. 80 

Duties of. 69 

Examination of, in bituminous region. 79 

Is a fellow-servant of miners. 82 

Penalty for failure to employ. 80 

Must visit mines. 70 

Reports to inspector.. 70 

Mining* companies, mortgages of. 124 

Not to carry on stores. Ill 

Mining* companies under act of April 21,1854 . . . 130-148 

Mining, penalties for illegal. 86 

Mineral rights, taxation of. 172 

Misdemeanors, offenses under the anthracite act ...... 55 

Mortgages of mining companies. 124 

Not to impair lien for wages. 99 

On rentals. 119 

Recording of. 120 

Lien of. . 120 

Default. 120 

Of coal leases in Schuylkill County. 121 

Northumberland County, assignment to inspection district . 2,3 

Notice, by mining boss to owners of defects. 70 

In case of accident, to inspector or coroner. 77 

Of blast. 46 

Of claims for wages. 97 

Of certain matters to be given to inspector by owner. 51 

Of death to be made to inspector. 51 

Of need of timber .. 09 

To owners, of violation of bituminous act. 76 

Oatli of examiners of inspectors in bituminous region. 73 

Of fire boss as to his experience. 32 

Of inspectors. 5 

Of members of miners’examining boards. 58 

Openings, proceedings to condemn additional. 14 

Provisions relating to.13-25,65 

Operators defined. 

Orders, payment of wages by. 109 

Outlets, provisions relating to .13-25,65 

Two, from each seam.13,14,65 

Outside foreman, duties of. 44 
















































200 


INDEX. 


Pagk 

Owners defined. 56 

Liability of, for injuries. 82 

Reports of. 83 

Partition of mineral lands in Luzerne County. 128 

Passage-ways must have safety holes. 47 

Patents for coal under rivers. 96 

Penalties for illegal mining.. 86 

For violating act as to stores. 112 

For violation of anthracite act. 53 

For violating act as to cleaned coal. 108 

For violating act as to branding cars. 105 

For violating act as to manner of paying wages in anthracite 

region. 103 

For employing boys and females.33,81 

For failure to employ mining boss. 80 

For furnishing inaccurate map. 11 

For insufficient propping of mine . 36 

For interfering with check-measurer. 107 

For making false reports as to air measurements. 36 

For malicious injuries to mines. 86 

For not giving car to number of men. 49 

For non-payment of wages. 102 

For operating without a mine foreman. 31 

For using false certificate of mine foreman. 32 

For using incorrect scales. 107 

For violating act as to measurement of coal. 10S 

For violating bituminous act.71, 83 

For violation of anthracite act by inspector. 55 

For working as a miner without certificate. 60 

Pillar, must separate air-passages.34,69 

Adjoining owners shall leave. 12 

Removal of, notice to be given to inspector. 52 

Platforms in shaft to be safely constructed. 25 

Pollution of streams. 180 

Possession, title to coal by adverse possession. 160 

Preferences for wages .. 97 

Principal, royalties as. 182 

Props, cutting of, prohibited .. 49 

Provisions relating to.36, 69 

Protection of mines.86,87 

Publication of names of applicants for the position of inspector . 4 

Of questions asked at examinations of inspectors. 4 

Pulleys, structures to sustain. 24 

To be examined daily. 41 

Railroads, underground .. 94 














































INDEX. 


201 


Page 

Recording* instruments for ventilators. 36 

Refuse belongs to lessors. 179 

Registration of miners. 58 

Without examination. 60 

Release of support as affecting right of eminent domain .... 158 

Removal of inspectors.5, 8, 78 

Rents as income or principal. 182 

Payment of, under coal leases. 184 

Reports of inspectors .. 76, 83 

Of owners. 83 

Residence of inspectors. 6 

Riparian owners, rights of. . 180 

Rivers, roads under. 90 

Warrants for coal under. 95 

Roads under rivers. 90 

Roofs to be secured by timbers. . 41 

Ropes to be examined daily. 23 

Royalties as income or principal. 182 

Payment of, under coal leases. 184 

Rules to be posted.49, 70 

As to shafts.24, 25 

For operating mines ..37-49 

Safety-blocks on cars. 48 

Safety-catches for cages.23,66 

Safety-liook, buckets must be connected with. 24 

Safety-holes in passage-ways. 47, 48, 69 

Safety-lamps to be furnished by owners. 70 

To be used to test shafts after blasts. 25 

Must be used where there are explosive gases.40, 68 

Rules as to.40, 41 

Keys for. 41 

Safety-valves, boilers must have. 25 

Salaries of inspectors.6,74 

See Compensation. 

Sale, what instruments constitute a sale of coal. 163 

Schuylkill County, assignment to inspection district. 2,3 

Mortgage of coal leases. 121 

Scranton in first inspection district. 2 

Scales, testing of. 107 

Shafts defined. 56 

Provisions relating to.13,25,65 

To be cased. 24 

To be fenced. 22 

To be examined daily. 41 

Rules as to ..24,25 














































202 


INDEX. 


Page 

Signal apparatus in breakers. 26 

To be examined daily. 41 

Signals for communication from top to bottom . ..22,65 

In hoisting . ... 43 

Slope defined.'. 56 

When to be fenced. 22 

Provisions relating to.13-25,65 

To be examined daily by mine foreman. 41 

Special laws regulating mining forbidden. 1 

Speaking-tubes to be provided by owner .22,66 

Springs, destruction of. 180 

Stations to be established at entrance. 40 

Fire boss to remain at danger station. 40 

Stores, mining companies not to carry on stores. Ill 

Steam-gauges, boiler-houses must have. 25 

Streams, pollution of. 180 

Stretchers to be provided by owners. 83 

Superintendent defined. 57 

Support, release of, as affecting right of eminent domain .... 158 

Surface, general principles. 149 

Waiver of right of. 156 

Custom as to removal of supports. 153 

Injury to springs by failure to support. 180 

Taxation of, apart from minerals. 172 

Surface support. See Support. 

Surveys, when duplicate surveys shall be made. 12 

Susquehanna County, assignment to inspection district ... 2 

Taxation of mineral rights. 172 

Tenant for life. See Life Tenant. 

Tenants in common, accounting between .. 125 

Timbers, provisions relating to.36,69 

Title to coal by adverse possession.. 160 

Ton, weight of... 104,106,108 

Traveling-way, when separate traveling-way necessary .... 15,66 

Must be‘ examined by mining boss. 69 

To be examined daily. 41 

Trespass, equity cannot enjoin. 127 

For illegal mining. 86 

Trestle may be erected near opening. 16 

Tribunals of conciliation, establishment of . . ..112,119 

Trover, for illegal mining. 86 

Tubes to be furnished. 66 

Trucks, how constructed. 24 

Underground entrance to be fenced. 22 

Underground ways.90-95 

Condemnation of. 90 












































INDEX. 


203 


Page 

Vacancies in office of inspectors. 74 

In office of inspector. 8 

In miners’ examining boards. 58 

Velocity of air currents. 34 

Ventilation, general provisions relating to. 33-36, 68-71 

Mine foreman to have general charge of. 39 

Furnaces prohibited for. 33 

Ventilating- currents, how conducted. 33 

Ventilators, speed of, regulated by mine foreman. 39 

To have recording instruments. 36 

Voluntary tribunals of conciliation . . . ..112-119 

Wages, basis of payment in anthracite region. 102 

Method of paying in bituminous region. 104 

Preferences and liens. 97 

Payment by orders. 109 

Time and manner of payment. 102 

Waiver of right of support. 156 

Warrants for coal under rivers. 95 

Wasli-liouses, provisions for. 27 

Waste, illegal mining. 87 

Water, duty of owner of upper level as to flow of. 175 

How conducted in bituminous mines. 66 

How working shall be conducted where there is a dangerous 

accumulation of. 42 

Pollution of. 180 

To be drained out. 69 

Drainage. 89 

Wayne County, assignment to inspection district. 2 

Ways, underground.90-95 

Weiglunaster in anthracite region. 102 

Westmoreland County, drainage of coal lands in. 89 

Willful damage. 44 

Wilkesbarre in fourth inspection district. 3 

Workings defined. 56 

Wyoming coal field, assignment to inspection district. 2 


























































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